To be precise we file for renewal of EAD/AP in Sept 2019 since the current one was expiring Jan 2020
I-485 Cross Chargeability Spouse not present
- Thread starter bw1845479
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- crosscharging i-485 help
Sm1smom
Super Moderator
She couldn’t have an a combo EAD/AP valid till Jan. 12, 2020 in that case if USCIS was yet to approve the AP petition and IF the EAD clearly states “Not Valid for Re-Entry”. All she had when she left was the EAD, it therefore made total sense for the airline to have refused to let her board for her return flight. She had no authorized means of entering the US.
Sm1smom
Super Moderator
Assuming the old one was set to expire on Jan. 2020, (which isn’t quite the case considering the document she had clearly stated not valid for re-entry), I don’t think what you guys filed in Sept. 2019 (4 months before what you thought was a valid reentry permit) was set to expire) without surrendering the existing one would have been approved anyways. You guys made a big mistake.
Sm1smom
Super Moderator
I don’t doubt she had personal issues to attend to, hence the need for traveling out. That unfortunately will not override the fact that her I-485 is now considered abandoned.
It’s really your call regarding going for the interview. I don’t think you have any other thing to loose at this point if you go for the interview (at least for closure purpose), but I wouldn’t hold my breath regarding an approval - just my personal opinion of course.
Yes right I just had a chat with my attorney he is saying we should attend the interview and explain the situation to the officer if it helps but I doubt it.
Yes we were patient till Dec 2019 if we get the approval on AP but we didnt so she made a decision to travel.
Sm1smom
Super Moderator
Well, that’s the downside of entering the US on a tourist visa and staying put to AOS. You can’t leave after filing without either getting an approved AP or the GC itself. Traveling while either of those is still pending means AOS abandonment regardless of the reason for the trip.
So now you guys have to live with that decision unless some miracle happens at your interview. Your wife will most definitely not be approved now will she be returning anytime soon with a visitor’s visa.
So she had a valid AP at the time she left, but the AP expired while she was abroad. This is a tricky case. I am not sure whether the AOS is considered abandoned at the time the AP expires, or whether AOS can still be approved while she remains abroad.
If a derivative beneficiary is cross-charging to the principal beneficiary's country of chargeability, the derivative beneficiary can immigrate after the principal beneficiary does. But if the principal beneficiary is cross-charging to the derivative spouse's country of chargeability, both spouses must immigrate at the same time. That means you must both do AOS and have the officer adjudicate them at the same time (see here), or both do Consular Processing and enter the US with their immigrant visas together (see here). If it is determined that your wife abandoned AOS, you guys would both have to do Consular Processing abroad.
If a derivative beneficiary is cross-charging to the principal beneficiary's country of chargeability, the derivative beneficiary can immigrate after the principal beneficiary does. But if the principal beneficiary is cross-charging to the derivative spouse's country of chargeability, both spouses must immigrate at the same time. That means you must both do AOS and have the officer adjudicate them at the same time (see here), or both do Consular Processing and enter the US with their immigrant visas together (see here). If it is determined that your wife abandoned AOS, you guys would both have to do Consular Processing abroad.
So she had a valid AP at the time she left, but the AP expired while she was abroad. - No she had AP valid till Jan 12 2020 so she was trying to enter on Jan 06 2020 thinking she would be allowed to enter but that didnt happen.
But the extension of AP got denied since she was abroad that means she cant enter now for the interview.
SusieQQQ
Well-Known Member
it’s not at all clear to me from this that she had a valid AP, but it’s a moot point now.
We created a SR as below not sure if it gives more info -
U.S. Department of Homeland Security
P. O. BOX 851488 - DEPT. A
TEXAS SERVICE CENTER
MESQUITE,TX 75185
U.S. Citizenship and Immigration Services
Friday, January 3, 2020
Emailed to XXXX@XXX.com
Dear FirstName LastName:
On 12/XX/2019, you or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:
Caller indicated they are:
-- Applicant or Petitioner
Attorney Name:
-- Information not available
Case type:
-- I131
Receipt #:
-- SRC-XXX-XX-XXXX
Referral ID:
XXXXXXXXXX
Beneficiary (if you filed for someone else):
-- Information not available
Your USCIS Account Number (A-number):
-- XXXXXXXXXX
Type of service requested:
-- Non-Delivery of Advance Parole
The status of this service request is:
We have received your service request and researched the status of your case. Your I-131, Application for Travel Document, was filed concurrently with your I-765, Application for Employment Authorization, which typically results in the production of a Combo Card which serves as both your Employment Authorization Document and your Advance Parole Document.
However, your I-131 and I-765 were not adjudicated together, so you will receive a separate Advance Parole Document upon approval of your I-131. Your I-131 is currently in line for processing and adjudication.
We apologize for the inconvenience.
Please see the "Online Services" below to check the status of your case in the future.
We hope this information is helpful to you.
SusieQQQ
Well-Known Member
indeed AP was still being adjudicated. I am assuming that this was not in fact a second AP as had been implied but was the only i131 she had filed? Or was it in fact a repeat?
Yes it was being adjudicated not sure what you mean by second AP?
SusieQQQ
Well-Known Member
an earlier post by you mentioned a “previous” AP. Did she, or did she not, ever have an actual AP document that was valid till 12 Jan, or did she just have the work permit that was not valid for re-entry?
Well she had EAD/AP valid till Jan 12 2020 since that EAD/AP was expiring on Jan 12 we filed for renewal of that EAD/AP on Sept 2019, when we filed for renewal thats when they didnt adjudicate I-765 and I-131 together
SusieQQQ
Well-Known Member
ok, thank you for clarifying that. So why did she not have the valid AP document expiring 12 Jan with her to present to the airline? Although, again, it’s moot now anyway.
Do you have a plan B for consular processing?