Help for unusual situation?

[redskins47chaos 6]

Hey everyone, so here's my story!

I entered the US last year on a K1 visa, got married and filed for AOS. I received my EAD card in February and my Green Card application is still pending.....However, me and my wife have decided in the meantime for personal reasons to go back to my home country. She got a visa and we have now left the US. I did not have the Advance Parole document when I left so I assume that my AOS application is now considered abandoned....at least that's what I've read. My question is, if we were to go back to the US someday, should I file for a CR1 visa??? What do I do with my EAD card since it is still valid? Do I call the USCIS and explain the situation or do they automatically abandon the GC process? Also, does the fact that we got married in the US and I have a valid SSN make the CR1 process any easier at all? I doubt it but just asking anyway lol Just exploring our options here.

Thanks a lot

[canadian_wife 1,823]

If you plan on returning to the US to live, then yes I believe the Cr1/Ir1 visa would be your path and no, having a SSN and a previous K1 petition with an abandoned AOS wont' make it any easier.

good luck

[Hypnos 6,576]

Your EAD was automatically invalidated when its dependent application, your I-485, was abandoned, after you travelled overseas without Advance Parole.

You may need to disclose that you have previously applied should you re-apply in the future, but it will neither help nor harm any future filing. You do not need to contact USCIS, but formally withdrawing your pending I-485 might be advisable, since it's possible they will just issue you a green card without an interview (since you are adjusting from a K-1). Formally withdrawing the application is the cleanest way to kill it off.

Should you decide to return to the US at some point down the line then you would file an I-130 for a CR-1 visa if you had been married for less than two years, or an IR-1 visa if you had been married for at least two years.