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Mark Anon

Abandoning (leaving U.S. without AP) and resuming the case. help!

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Filed: AOS (pnd) Country: India
Timeline

Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

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Filed: Citizen (pnd) Country: Colombia
Timeline

You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

Whether you withdrew the application or not, it was abandoned when she left the country. You cannot resume an abandoned case. You will have to petition her as your spouse I-130 and start over again with immigration.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Agreed. And any immigration atty who doesn't know this should be immediately fired. Esp. if he doesn't realize that you must live in her country for 6 months in order for consular processing to be possible...!


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Filed: AOS (pnd) Country: India
Timeline
You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

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Filed: AOS (apr) Country: Russia
Timeline
Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

You have to reapply with a new visa petition, because she left before she got the AP or GC, she will not be allowed back into the US. Look at the K-3 or CR-1.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

CR-1 is definitely better. She will receive a green card about one month adter arrival, and you will not have to file Adjustment of Status. CR-1 might take about a month longer.


Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

CR-1 Visa. :thumbs:

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Filed: AOS (pnd) Country: India
Timeline

I called up USCIS and I was told that I did not need to file the I-130 along with my I-485 for AOS - But since I already have, I can wait for the I-130 to get approved, and then file a I-824, and have it forwarded to the NVC, after which the embassy in India will contact my wife...

Does this sound right?

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Hmm that sounds right to me. I would expect the I 485 to be denied as it should be off the table (since she is not in the US). But if the subsequent I 130 is approved, what he said makes sense to me. I'm just not sure that they'll approve an I 130 that was filed concurrently with an I 485. They may just deny the whole lot, forcing you to start over with a new I 130.

Would have to do some reading about this - maybe someone else here has a better answer. Honestly I'd be inclined to have a consult with an immigration attorney (if I were in your shoes).

Edited by TracyTN

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