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Can Wife/Daughter Visit Family in Colombia While Waiting for Greencard?

Hi,

Is it possible for my wife and my adopted (her natural) daughter to visit her family in Colombia while we're waiting for the Green Card? We also applied for permission to travel outside the country while waiting for the GC, but both will probably arrive around the same time since it is taking a bit long. My guess is that we might recieve one or the other in about another 4 months. Don't know. We applied for the GC in Dec. 2007, but it was returned for correction. So we resent it to them in Jan. 2008. Still waiting.

I have adoption papers for my wife's daughter and my wife has a state ID and has her work permit ID (not sure if that matters at all, probably not). PLUS - my wife is pregnant and we would like the baby to be born (January 30th 2009 - due) in Colombia and spend time with her family first, then return to the US where we can always see my family much easier.

One concern, I called the USCIS and they said that my wife can leave the country (because they can't stop her), but if they (USCIS) happen to need something from her to complete the process such as additional fingerprints, medical or whatever, if she is not in the states, THAT CAN POSE A PROBLEM and we might have to start the process ALL OVER. OUCH.

Any comments? Thanks

Leon

By leon on Aug 3, 2008, 16:41 in Visa & paperwork.

deathnova says on Aug 3, 2008, 16:45:

Don't do it, just tell them to chill out for a while.

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Gator says on Aug 3, 2008, 19:09:

¡CUIDADI, MI AMIGO!

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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Robert Jorge says on Aug 3, 2008, 21:53:

If your wife came over as your fiance on a K1 visa: no, they can't leave without abandoning their status. In other words, they wouldn't be able to re-enter the US without going through another visa process. If your wife has advanced parole - permission to travel outside of the US while Permanent Residency is being processed, then yes, they can travel and re-enter the US.

He who farts in church, sits in his own pew.

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sanandressi says on Aug 4, 2008, 06:06:

Advance parole yes! You apply for it by filling out a form and ssending in more money. The government loves money you know. This is why you will see an amnesty for illegals someday where they pay a fine of up to $5,000 per head LOL.

"This train will stop in Tucumcari"

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ietk says on Aug 4, 2008, 07:50:

That is a big NO!!, in January of this year I became a Legal Permanent Resident, it was granted by an immigration judge, went to take the pictures and fingerprint for green card, my wife got her card about 6 weeks after we went, we already had our passport stamped but my card was a no show, I was tempted to travel with out it but after thinking over and over I decided to wait and wait and wait, I got a new appointment went to the place to ask why I did not receive the card yet, the officer that took care of me that day put my alien number on the system and guess what? according to the system I was not even a LPR yet!, that day we went the forgot to update my case they told me Oh we are sorry about that your card will arrive in the next 6 weeks and four weeks later I had my card, in other words wait for the actual card to travel.

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Mononoke28 says on Aug 4, 2008, 10:40:

Leon,

As most people have said here, your wife and step-daughter can travel and come back with their APs in hand. The only problem will be if they call you for an interview to complete her AOS and if she's in Colombia, you're screwed. Also, it's not a good idea to stay outside the US for more than 6 months, especially since she still doesn't have her green card. I'm assuming her stay in Colombia will be for while since you're planning on having the baby there. If this is the case, don't forget that you also have to go to the US embassy to register the birth, get a SS# for the baby and most likely a US passport and that will take some time.

So, with all that hassle, do you think that going to Colombia is a good idea when her green card has not been approved?

Diana

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guacharaca says on Aug 4, 2008, 14:36:

If she is being processed while she waits in the US, that is, you married her in the US and both put your applications in while in the US, then NO (not without permission). You have to wait for the card. My sister left during this period for a wedding and her husband had to reapply for her residency when they stopped her at the border when she attempted to return.

If you married her in Colombia and she received her package in Colombia, and later arrived in US and got the temporary resident stamp put in her passport, then she can return to Colombia without trouble (provided she returns to the USA before that stamp expires). The green card should arrive 4 to 5 weeks after her first arrival to the States in this situation.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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Mononoke28 says on Aug 5, 2008, 08:13:

They're adjusting status, so they filed for AOS here. CR1 visa was never obtained.

Diana

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leon says on Aug 6, 2008, 23:13:

Hi everyone. Thanks for the time in answering my post. Thanks for all the insight too. I think that after reading, it is best that they stay put just a little while longer to be safe. I did apply for parole for them, but that process is slow also. I hope the green cards come first so we can get this over with! I might be another 4 months or so before the cards are here. Applied Jan. 2008.

Leon

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