fiance visa, green card

[rover05]

My sister came on fiance visa to usa. She got married and her green card is in processing and biometric exam is pending . But she had problems in married life and got depression . She was under prescription here . But later she went to india because of costly treatment here as She was having no insurance . I just want to know if her in- laws do not want to continue and proceed the case of greencard, what would be her status. Should She contact Uscis office because her biometric exam date is two days later. She had photocopy of all paper work from u.s. immigration office. Can she come to u.s. later on.

[rayb]

If your sister did not complete her Adustment of Status and did not receive her Green Card, she will have to be re-petitioned, as a spouse.

--Ray B

My sister came on fiance visa to usa. She got married and her green card is in processing and biometric exam is pending . But she had problems in married life and got depression . She was under prescription here . But later she went to india because of costly treatment here as She was having no insurance . I just want to know if her in- laws do not want to continue and proceed the case of greencard, what would be her status. Should She contact Uscis office because her biometric exam date is two days later. She had photocopy of all paper work from u.s. immigration office. Can she come to u.s. later on.

[rover05]

greencard process

Thanks for your response Sir. But my first question is that what if her in laws want to breakup and they are not interested to proceed the green card process ,what she should do. Secondly She left u.s.a and is in India right now and if she has to proceed ,how it is possible. Does she has to apply for travel document first , to come back to usa and how she can get that if her husband is not willing to apply for that because he is citizen and the primary applicant

[rayb]

The inlaws have nothing to do with her USCIS approval or processing.

If she left the U.S. without her Adjustment of Status being completed, but it was started, she has abandoned her Adjustment of Status and won't be allowed back into the U.S. without a new visa.

The K1 visa is only good for one entry to the U.S. To come back to the U.S., she needs a new visa.

--Ray B

Thanks for your response Sir. But my first question is that what if her in laws want to breakup and they are not interested to proceed the green card process ,what she should do. Secondly She left u.s.a and is in India right now and if she has to proceed ,how it is possible. Does she has to apply for travel document first , to come back to usa and how she can get that if her husband is not willing to apply for that because he is citizen and the primary applicant

[rover05]

I have read one clause on uscis website that one can apply for travel document later on even if he or she had left the country in emergency before biometric exam is held. So can she still apply for travel document because in this way her green card proceesing will not be affected and even she can come back if she got that travel document

[rayb]

Since you did not have Permanent Resident status, you are probably ineligible for a reentry visa or a one-time travel document. It is possible that the Embassy can give you a travel document on a discretionary basis, but you need to go to your Embassy (or Consulate) and request it.

--Ray B

I have read one clause on uscis website that one can apply for travel document later on even if he or she had left the country in emergency before biometric exam is held. So can she still apply for travel document because in this way her green card proceesing will not be affected and even she can come back if she got that travel document

[Tak]

Unfortunately, no option available to her.

[rayb]

Tak,

I have to agree with you, but it doesn't seem that the young lady was ready to accept that reality.

By leaving the U.S. before her Biometrics was even completed, she threw away even the possibility of getting an Advance Parole in the mail.

The K1 is a "one-entry" visa. It wasn't clear whether the full 90-day visa stay had been completed, but if so, her status was even more final.

--Ray B

Unfortunately, no option available to her.

[yvonhanekom]

i 797c

Hi we just recieved this form.has no alien number tho.when can we send in the ajustment of status

[rayb]

Are you being processed in the U.S. or in another country. How and where you submit your sponsorship documents depends on your location. Was the I-797 for an I-130 petition?

--Ray B

Hi we just recieved this form.has no alien number tho.when can we send in the ajustment of status