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We need help!!! Here's our story:
My wife came to the U.S. on a K-1 Visa from Philippines (arrived July 6, 2007). We married w/in the 90 days (September 20, 2007). We were unable to afford the $1010.00 AOS filing fee until late March 2008. The date of receipt of the NOA for the AOS is April 6, 2008. She had her biometrics taken (May, 2, 2008). Everything for the AOS is in order and, ordinarily, we'd have no problem waiting for the interview, etc. (at least we're together).
THE PROBLEM:
My wife's mother just died (this morning) and she very much wants to go home to be with her family and see her mother one last time. Our concern is that she will be unable to re-enter the country b/c she has no green card yet. We've explored Advance Parole but it doesn't seem to apply to us as she entered on a K-1 (not a K-3) Visa. Even if it was an option...it takes too long to get AND between October 4, 2007 (the date on my wife's I-94 Card) and April 6, 2008 (the date USCIS received our AOS application) more than 180 days had passed, during which time she was "out of status." According to the law, as I understand it, if she was to leave the country now (before getting her green card) she would be banned from re-entry for a period of three years. This would hold true EVEN IF she had the appropriate advance travel documents such as AP, due to the fact that she was here "out of status" for more than 180 days. We spoke to one lawyer and he told us "not to chance it" and stay here.
Does anyone have any ideas or know the contact information of someone we could talk to about getting around this? I read that it is possible that Immigration would forego the 3 year ban if we could show "extreme hardship" to me (the U.S. born spouse) and our U.S. born child. If this was the only way for re-entry, is it immediate (upon arrival at the port of entry) or is there a process for it? What is that process?
Anyone know if a letter from a Senator, etc. would help?
My wife needs to leave within one week and we appreciate any and all help. Thanks!
Brian and Daice
My wife came to the U.S. on a K-1 Visa from Philippines (arrived July 6, 2007). We married w/in the 90 days (September 20, 2007). We were unable to afford the $1010.00 AOS filing fee until late March 2008. The date of receipt of the NOA for the AOS is April 6, 2008. She had her biometrics taken (May, 2, 2008). Everything for the AOS is in order and, ordinarily, we'd have no problem waiting for the interview, etc. (at least we're together).
THE PROBLEM:
My wife's mother just died (this morning) and she very much wants to go home to be with her family and see her mother one last time. Our concern is that she will be unable to re-enter the country b/c she has no green card yet. We've explored Advance Parole but it doesn't seem to apply to us as she entered on a K-1 (not a K-3) Visa. Even if it was an option...it takes too long to get AND between October 4, 2007 (the date on my wife's I-94 Card) and April 6, 2008 (the date USCIS received our AOS application) more than 180 days had passed, during which time she was "out of status." According to the law, as I understand it, if she was to leave the country now (before getting her green card) she would be banned from re-entry for a period of three years. This would hold true EVEN IF she had the appropriate advance travel documents such as AP, due to the fact that she was here "out of status" for more than 180 days. We spoke to one lawyer and he told us "not to chance it" and stay here.
Does anyone have any ideas or know the contact information of someone we could talk to about getting around this? I read that it is possible that Immigration would forego the 3 year ban if we could show "extreme hardship" to me (the U.S. born spouse) and our U.S. born child. If this was the only way for re-entry, is it immediate (upon arrival at the port of entry) or is there a process for it? What is that process?
Anyone know if a letter from a Senator, etc. would help?
My wife needs to leave within one week and we appreciate any and all help. Thanks!
Brian and Daice
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