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ferandrobin

Quit in the middle of Green Card Process.

By ferandrobin in Tourist Visas

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ferandrobin Apprentice

ferandrobin   0

Posted
Filed: K-3 Visa Country: Argentina
 Timeline
Posted

Hi all,

I friend of mine is in the middle of the process for the green card through marriage. He has the SSN and the work permit already. He is waiting for the interview. But for some reason, he decided to quit the process and leave the country.

He came to the US with a valid Tourist Visa. He was allowed to stay here for 6 month. During that period, he got married and started the immigration process.

 

I have a question:

1- If he leaves the country, is he allow to come back with a valid tourist visa even though he staid in the US for a year waiting for his interview?.

I've been told that once you start the green card process, the tourist visa is not longer valid. You will have to reapply for a new tourist visa in the embassy.

 

Thanks.

 

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Did he overstay his i94, or left before the 6 mos were up? If he had overstayed, he has jeopardized his tourist visa. While CBP has allowed some to enter the US on a tourist visa while i130 pending, others have been refused entry. 

 

His spouse has to re-petition him for a spousal IR\CR-1 visa.. and he'd interview in his country.. if he left the US in the middle of AOS. His GC application is deemed abandoned the moment he left the US prior to interview. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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LionessDeon Experienced

LionessDeon   2,060

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted (edited)

I don't think the OPs friebd is concerned about his greencard/AOS status. It sounds like he wants to permanently return to home country to live but still be able to visit using tourist visa.  

Edited by LionessDeon
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ferandrobin Apprentice

ferandrobin   0

Posted
Filed: K-3 Visa Country: Argentina
 Timeline
  • Author
Posted

You are right LionessDeon, he was to return to his country and come back in the future with a tourist visa. 

And yes, he overstayed for more than 6 months.

- does he has to apply for a new tourist visa?

 

I appreciate it your comments.

 

Regards.

 

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LionessDeon Experienced

LionessDeon   2,060

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted

I am not sure about this.  It seems to me that once he applied for LPR status and received EAD/AP it would cancel out his tourist visa and he would need to reapply.  Hopefully, someone with experience on this will comment.  

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

My tourist visa was canceled when I received my K1 visa. They canceled it right there during my K1 interview.

So I'd assume same thing happened here?

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Boiler Grand Master

Boiler   43,438

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He will need a new tourist visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

He will need a new tourist visa, and the overstay isn't waived because he didn't actually adjust status.

However, I don't think the overstay counts for the period while he had a petition pending. I could be wrong.

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ferandrobin Apprentice

ferandrobin   0

Posted
Filed: K-3 Visa Country: Argentina
 Timeline
  • Author
Posted

Thanks for the answers, that is what I thought. He might need to apply for a new tourist visa since his previous tourist visa was cancelled during the green card process.

i hope the overstay here it won't be an issue for him once he leaves the US.

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Boiler Grand Master

Boiler   43,438

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He may or may not have a ban, the Consulate may or may not thing he has a ban, but will be an interesting conversation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
41 minutes ago, ferandrobin said:

Thanks for the answers, that is what I thought. He might will need to apply for a new tourist visa since his previous tourist visa was cancelled during the green card process.

i hope the overstay here it won't be an issue for him once he leaves the US.

Friend still in the US? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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ferandrobin Apprentice

ferandrobin   0

Posted
Filed: K-3 Visa Country: Argentina
 Timeline
  • Author
Posted
1 hour ago, KierenHby said:

Friend still in the US? 

Yes, he is still in the US waiting for his interview. But for some reason he wants to leave the country. The layer told him do not to leave before the interview. 

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

He is free to leave.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

 If he leaves he likely won't be able to get a new visa.  He came here as a tourist and started to convert status.  The consulate will think he is likely to do that again. 

This will not be over quickly. You will not enjoy this.

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