I -130 question

[jmana 2]

19 minutes ago, geowrian said:

Okay, but even if he paid the right amount and they started processing the AOS application, it wouldn't have mattered because AP wouldn't have been accepted prior to her leaving.

Well yes, it's always possible that USCIS could miss something, but I wouldn't count on it. Either way, it's illegal to do so and is not an activity to be discussed in VJ.

Gotcha.   But if he would have sent it in and had the right amount of money, and she left before they started processing the application, how would they have handled that?  I'm assuming they'd deny it and let him know to send in a CR1 instead, right?  The fact that he sent in for AOS and she technically abandoned it due to an emergency wouldn't cause them any issues with the CR1 application would it? 

[geowrian 22,335]

24 minutes ago, jmana said:

Gotcha.   But if he would have sent it in and had the right amount of money, and she left before they started processing the application, how would they have handled that?  I'm assuming they'd deny it and let him know to send in a CR1 instead, right?  The fact that he sent in for AOS and she technically abandoned it due to an emergency wouldn't cause them any issues with the CR1 application would it? 

Well, she wouldn't have a way to get back into the US w/o the AP document. And if she left until AP was eventually approved, she still wouldn't be allowed to use it because her application was abandoned the moment she left the US. They *should* be able to see this upon re-entry - when she shows the CBP officer her re-entry documents and they check her status. Hoping they don't check or notice is not only dangerous, but illegal...and that doesn't belong here. Anything illegal could potentially result in penalties, making future immigration attempts far more difficult. The next step, if that were to happen, would be to file for a CR-1 visa, and wait the 12-18 months for approval.

Then again, at this point it's all hypothetical, so let's not delve too far down that path and stay focused on what actually happened.  She left the US w/o AP, so the next step is to file for a CR-1 (or maybe he wants to immigrate to her country if that doesn't work?). As noted previously, she can attempt to obtain and use a tourist visa to visit him (but not overstay!), but the circumstances surrounding how that would play out can vary based on other factors, which is beyond what I can answer.

Good luck to your friend!

Edit: No, since the application was never even accepted, I can't foresee how they would hold that against her. She will likely have to explain, at some point, why she left the US, but I don't think her story would raise any particular flags.

Edited December 31, 2016 by geowrian

[jmana 2]

Well she already has a tourist visa and never overstayed so I guess she's ok on that.   The reason I ask about the sending in of the AOS application is after talking to him I found out that he took my advice and wrote the correct amount for the check and sent it all back in since that was all they had requested him to do.   Now I'm worried that I gave him bad advice and I don't want to screw up their process.  

[JFH 12,189]

So he has filed the paperwork for AOS even though she is not in the country? He needs to withdraw that. There will be no refund of the fee if the payment has been accepted and cashed. 

 

He needs to start again with the correct paperwork for a CR-1.