Husband left before greencard was approved

[tsytsy 0]

Hi everyone, I hope this is the right forum for my question.

 

I sponsored my husband to move to the USA on a K-1 fiance visa, after he moved here he was struggling to adjust and was missing his children so much especially during the holidays and decided to go back to his county before the received his advance parole and work permit but his biometrics had been processed.  He left without my knowledge because he knew I would stop him from leaving as i knew he was making a stupid mistake.  Anyway, as soon as he got back to his country he realized he had made a big mistake and he wants to come back and does not want a divorce. He says he missed his kids alot especially his daughter. As a parent I understand but do not understand why he would make such a stupid move. Anyway, after he left I thought that was it. So I went ahead and sent a letter to the National Benefits Center and also went to the local immigration offices to also give them the same letter which was requesting to withdrawi my affidavit of support (i-864) and also asking them to cancel the K-1 visa (his children had been included on the petition hence me requesting them to cancel).

 

I was devastated when I realized he had left and so I acted on his actions and did what I needed to do for me not knowing after two weeks he will be telling me something else.  I still love my husband and we are still married even though I have contemplated on a getting divorce after the way he left - I was angry and still am, however I still do want my marriage. I have had alot of soul searching and have realized I still love him and if he still wants us to be together I want to try and bring him back if possible. In a way I feel my husband needed to make this stupid move to realize what he had or what he really wanted out of his life - sometimes we have to hit rock bottom to really learn.  I feel he was taking everything for granted, etc.

 

Now the question to you all -  is there a chance or way he can come back? What should I do or what visa should I file for now? I would welcome any advice or suggestions or comments.  I ask that you please respect the fact that I do still want my marriage and this is why I am here asking you guys what you think I can do to facilitate his moving back. We both want to go about it the right way even if it means starting all over again. 

 

I appreciate you taking your time reading my post and hopefully offering some advice on the way forward.

Edited February 13, 2017 by tsytsy

[Ontarkie 13,913]

He now needs a spousal visa. You are pretty much starting all over again.

[NigeriaorBust 4,087]

Leaving without AP means you are at square one and need a new petition ( for a CR1)  expect a year apart and  lots of questions about the relationship.

[A'n'L 735]

As said, now you start over with a i130 petition and spousal visa application. http://www.visajourney.com/content/i130guide1

 

Hopefully the year apart will give you both some insights into your relationship moving forward. Try to plan trips together, both to keep your marriage alive but also to show good evidence to the embassy that your relationship is real despite the current hick-up.

 

Moving to the US and leaving family, friends and your life+lifestyle behind is very difficult, especially when not able to work for the first few months. I understand your husband, although his move was unfortunate.

[Boiler 43,425]

Just need to file for a spouse.

[Ben&Zian 4,397]

Could be rough too depending on what embassy or country the beneficiary is going to have to process through.

 

You and he definately need to have a long talk about your plans before going forward with the CR-1 as it is about 12-14 months most likely.

[Cyberfx1024 7,978]

You guys would need to start all over again but now with a CR1. But I would first look into why he just up and left without saying anything to you about leaving. That is a key issue here I think because he might do that again later on down the line. We all understand how it is when our spouse is missing family and want to be there for them, trust me we understand that. Literally a month after coming here in the USA my wife was devastated because a typhoon/hurricane hit her country and her town especially. This typhoon caused the deaths of many people that she knew and grew up with, not to mention put her family in danger. My wife was really worried and scared for her family, but she did not just up and leave. She knew that in the long run it was better for her and her family if she stayed here. 

[DrEllaNJ 288]

spousal visa. And yes, you both need to work on your communication skills. 90% of what makes marriages work is communication, and if you both take big steps like moving back to a foreign country and withdrawing support for his AOS without discussing it with each other, you have a LOT of stuff to work out.

[MXcompadre 75]

tsytsy you said " I sponsored my husband to move to the USA on a K-1 fiance visa".  For clarification, did he come here on the K1- visa, and then the two of you married in the USA...right?  Unfortunately, and realistically many bi-national couples struggle with understanding and accomplishing open, meaningful communication within their relationships/marriages.  Hopefully each of you will be able to move forward together in your marriage and relationship after this most unfortunate, and realistically harsh 'life learning experience'.         

 

 

[tsytsy 0]

17 minutes ago, MXcompadre said:

tsytsy you said " I sponsored my husband to move to the USA on a K-1 fiance visa".  For clarification, did he come here on the K1- visa, and then the two of you married in the USA...right?  Unfortunately, and realistically many bi-national couples struggle with understanding and accomplishing open, meaningful communication within their relationships/marriages.  Hopefully each of you will be able to move forward together in your marriage and relationship after this most unfortunate, and realistically harsh 'life learning experience'.         

 

 

Yes he did come on a K-1 Fiance visa.  Yes it has been quiet the learning experience to say the least.  Its been hurtful to me but I understand what it is like to miss your family especially your kids. I am an immigrant myself so I get it. He underestimated how hard his transition would be and did not come prepared for it.  As unpleasant as this has been especially for me I truly love my husband and I know he has learnt a lesson( atleast I hope so lol). This may take years to resolve but I forgive him and willing to do whatever I can possible for us to be together again. I never gvive up on my loved ones and I wont give up on my husband and our marriage as long as he wants it too. 

[Boiler 43,425]

Have you thought of moving? Two way street.

[tsytsy 0]

Thanks to all of you that have responded so far.  We will pursue the spousal visa route as you all have suggested - it makes sense.  We will humble ourselves and face whatever questions, huddles or challenges that may come from the embassy or USCIS together.  I do plan to visit him as much as I can or as much as finances allow until he gets his visa however long it takes.

So do I just go ahead and file the I-130 petition for spouse right away or do I wait to hear back from the USCIS first regarding my request to cancel  the greencard application process or rather withdrawal of my I-864? What do you guys think? I mean should I make sure that case is cancelled first before I start a new petition?

[tsytsy 0]

9 minutes ago, Boiler said:

Have you thought of moving? Two way street.

No I have not because I have ties here - a house, a great job and child in college and I'm also going to college, etc.  Besides its a better life and opportunities here if truth be told.

[Boiler 43,425]

Sounds like he has ties as well.

[tsytsy 0]

10 minutes ago, Boiler said:

Sounds like he has ties as well.

You are right...he has children. Other than that I do not know any other ties he has.