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Abandoning AOS from VWP

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Filed: Other Country: Scotland
Timeline

So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.


11-09: Met in Vietnam, backpacked then lived together in Oz

09-26-10: Came to the US

11-19-10: Got married

12-10-10 (Day 0): Posted package (I-130, I-485 and I-765)

12-12-10 (Day 2): Package received

12-17-10 (Day 7): Received text and email confirmation, and checks cashed

12-20-10 (Day 10: NOA1 hard copy received

02-28-11 (Day 80): Biometrics letter received FINALLY!

03-01-11 (Day 81): Successful biometrics walk-in

03-02-11 (Day 82): Card production ordered!

03-12-11 (Day 92): EAD card received

03-16-11 (Day 96): Notification of interview scheduled for April 15!!!!!

04-15-11 (Day 126): Interview-Greencard approved!!!!!

ROC

02-27-13: I-751 sent

03-03-13: NOA1

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So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.

You should not incur any bans as you stayed under 180 days of overstay.

Sorry things didnt work out for you.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.

Well - good news for you.

Since you filed for the AOS prior to getting out of status, and you received the NOA1, you are safe from being deported or anything like that. YOU WILL NOT BE BANNED. You can still use the VWP - since you are not out of status.

You are allowed to stay in the US as long as they are processing the AOS, regardless if your visa is expired - so don't worry about that. (filing for the AOS freezes your status)

I would recommend you file for divorce here in the US, if possible (get it out of the way), then leave - notify USCIS you are giving up on the AOS. I am sure your sponsor will pull the 864. (how bad is it? will your partner work with you to get the divorce easily?)

If you leave prior to the AOS being accomplished, you will not be able to re-enter the US via this AOS (unless you have the AP, but you seem to want to leave the US) - and the AOS, for all intents, is abandoned. (this will solve the AOS problem)

If you do leave prior, just explain your situation, show the NOA1 from the AOS, and you should not have any issues.

However, since you can still use the VWP, you could come back and finish up any divorce issues as you need.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Country: Scotland
Timeline

Ironically I received the biometrics appointment letter the day I left (Id been waiting for 2months and made 2 service requests), and I did a walk-in the next day, the USCIS online case status now says card production ordered, so I am contemplating waiting it out a bit.

Im staying with a friend at the moment but hes begging me to go back. Its just so hard when you love someone, you want to believe that they will change but how many chances should you give before its time to walk away?? :crying:

I guess I will wait another couple of weeks, try a couple more counseling sessions etc and if there is no marked improvement then it will be time to bite the bullet.

Thanks for all of your input, its helped calm me a little by knowing I still have the option of coming back to the US on a tourist visa in future.


11-09: Met in Vietnam, backpacked then lived together in Oz

09-26-10: Came to the US

11-19-10: Got married

12-10-10 (Day 0): Posted package (I-130, I-485 and I-765)

12-12-10 (Day 2): Package received

12-17-10 (Day 7): Received text and email confirmation, and checks cashed

12-20-10 (Day 10: NOA1 hard copy received

02-28-11 (Day 80): Biometrics letter received FINALLY!

03-01-11 (Day 81): Successful biometrics walk-in

03-02-11 (Day 82): Card production ordered!

03-12-11 (Day 92): EAD card received

03-16-11 (Day 96): Notification of interview scheduled for April 15!!!!!

04-15-11 (Day 126): Interview-Greencard approved!!!!!

ROC

02-27-13: I-751 sent

03-03-13: NOA1

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Filed: Other Timeline

+1 to Bobby. You are cool.

Before you return to the US, however, make sure you carry documentation (ticket/boarding passes) that you left the US before the pending AOS petition was denied (as it will because you don't show up).


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Looks like you have a green card!

It means you were never out if status.

"the USCIS online case status now says card production ordered",


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: K-1 Visa Country: Vietnam
Timeline

Looks like you have a green card!

It means you were never out if status.

I'm guessing that is the EAD card (his signature says he also filed I-765). For someone adjusting from a VWP entry it would be very unusual to get a GC without an interview.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Ah yes, you're right, 82 days for AOS would be too fast.

I'm guessing that is the EAD card (his signature says he also filed I-765). For someone adjusting from a VWP entry it would be very unusual to get a GC without an interview.


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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