485 approved BUT in deep mess....

R

risktaker

Registered Users (C)
WAC02084xxxxx (Jan 11 02) approved for both me and spouse.
3 EADs, 2FP, AC21, 1 RFE
2 AP (didn't apply for third one but now *greatly* regretting the decision. Read on)
Approved on 17th Sept according to Website.

Story:
Father-in-law was very sick (diagnosed with cancer)in August. So applied for (emergency) AP in first week of Sept(RD 7th). Sent in doctor certificates with lab reports etc accordingly ., to CSC. But they came back saying the case did not fit emergency requirements and would take the regular time between 60-90 days on Sept 14th!!!! By then it was too late, because unfortunately, father passed away next week(Sept 13). So my spouse made an immediate trip to India feeling very guilty for not being with father in the last minute. Couple of days after the departure, the website was updated with the approved message!
Now how can I get my spouse back!!!!!!!!!!!Do they process AP application after 485 approval? If approved, is it legal to come back on AP!!!!!!!!!! What are my options... :confused: :(
 
I agree with koolkat.

Also, you might want to consider contacting Project Ocean with a view to making this widely public and to bring pressure on the USCIS on humanitarian grounds (if you and spouse don't mind).

Consider sueing USCIS for extreme mental aggravation and denying your spouse the opportunity of seeing dad for the last time, despite evidence being submitted.

I am finding it extremely hard to not be profane. How in fornication does USCIS define emergency... when their heads refuse to emerge from their backsides?
 
I am sorry to hear about ur FIL.

1) Contact a lawyer who can come up with Legal Ingenous ideas.
2) Don't want to give u false hope, but one idea to discuss with the lawyer is getting stamping in US Consulate abroad where u spouse has gone. Since AP is required to reenter the country only and normally leaving without AP may impact approval because she left the country before approval, but now since she has been approved, that may not be an issue. Again, this is just an idea and normally lawyers would suggest getting stamping before leaving, which even a 5 year kid would know, this might be an option to try.
 
risktaker said:
WAC02084xxxxx (Jan 11 02) approved for both me and spouse.
3 EADs, 2FP, AC21, 1 RFE
2 AP (didn't apply for third one but now *greatly* regretting the decision. Read on)
Approved on 17th Sept according to Website.

Story:
Father-in-law was very sick (diagnosed with cancer)in August. So applied for (emergency) AP in first week of Sept(RD 7th). Sent in doctor certificates with lab reports etc accordingly ., to CSC. But they came back saying the case did not fit emergency requirements and would take the regular time between 60-90 days on Sept 14th!!!! By then it was too late, because unfortunately, father passed away next week(Sept 13). So my spouse made an immediate trip to India feeling very guilty for not being with father in the last minute. Couple of days after the departure, the website was updated with the approved message!
Now how can I get my spouse back!!!!!!!!!!!Do they process AP application after 485 approval? If approved, is it legal to come back on AP!!!!!!!!!! What are my options... :confused: :(
Click to expand...

Sorry to hear about the problems you went through.

PAst: 1)Emergency Ap can be obtained from local INS office where walk in APs are issued in cases of emergencies. You guys should have gone to your local INS office.2) You could have gone to your local senator and they would have helped on humanatarian grounds.
I am not sure why you guys never approached your local INS.

Future:1) If her AP is approved maybe you can send it to her and she can enter the country, however might have problems if they find out that she left the country without valid AP.
2) You might want to talk to your local senator and he can issue you a letter with which she can approach the nearby US consulate in India. They might be able to stamp her passport before she enters India as her petion is approved. Morever she is as dependant of yours, so it should be okay.
3) Have all the documents ready and I dont think she will have any problem.
4) Just talk to an attorney and I am sure she will be able to enter the country without any problem.
 
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