Start new greencard application after abandoned one?

[Peekkyy 0]

Hi guys,

I came to the US for work on an 01 visa back in 2007. My current one is about to expire March 15.

11/12/13 I married my husband, who is an American citizen. We posted I-130, I-485, I-765 & I-131 back in December, and USCIS received it December 16th. We where planning to go on our honeymoon for the months of January & February 2014. It wasn't after I filed, that I found out that the expected processing time would be about two months, and I already read about people strongly advising to leave the country without AP. But I figured that, if all went well, the AP would get approval around half February, and a friend could send it overseas so I could cross the border back into the US with it.

Unfortunately, it didn't turn out that way. I filed with my husbands 2011 tax return, since the 2012 return wasn't ready yet, and made a note that we would take the 2012 return to the interview. January 3rd, the USCIS send me a letter asking for more evidence: the latest tax return, which is 2012. But not only that: it stated that my husbands income did not meet 125% of the federal poverty line for our household size. That really puzzled me, since I read that the income had to be 19.387 for two people in 2013, and my husbands was 29.709. So hopefully somebody can help me out explaining this?

After a wonderful honeymoon, which we spend with my family in Holland for the last few days until we would fly home, I started worrying. After all, I did leave the country without AP, and I didn't have it by now, as I hoped I would. I researched online and all sources there talked about that you needed AP to get back into the US once you started your AOS procedure, So I was afraid that I might be refused at the border, and needed to apply for a greencard in Holland, thus be separated from my husband for months. That thought teared me apart, and caused a lot of stress, Luckily, I had no problems at all getting back into the US, where we arrived back in the evening of the 28th.

But what now? I found so much material warning about how to not leave the US without AP, because that would result in an abandonment of your procedure, and thus a rejection of your application for the greencard. So I understand that my first procedure is deemed abandoned and will get rejected. But what now? I found nil information about that, besides somebody writing that I have to file and pay for a new I-485 application, and that I-131 will not be granted after an abandonment. That raises a few questions. Mainly: do I have to do a new medical exam (which I read is valid for a year, and which I did back in November 2013) and go for biometrics again (which I had taken December 30st already, right before I left) or can I refer to my first application for that? It only seems reasonable to me that you don't have to do that twice. Also, I work as a fashion model, and an essential part of my work is to travel. I actually also did jobs in Europe during our honeymoon. So not being able to travel, harms by career, and causes great financial loss. Would this be a reason to apply for AP again, and to ask if they can grant it with urgency? (Another option is to get a new O1 work visa, which is usually granted very quickly, within two weeks, but I don't really see the point of paying 3000 dollar for another O1 visa while I would apply for a greencard anyway right after receiving that)

I really hope to receive some good advise here, because I just couldn't find an answer tot

[NigeriaorBust 4,087]

You may have abandoned you AOS ( there may be a loophole with an O visa if it didn't get cancelled with your filing ) but the I130 would proceed. Your financial hardship is not a reason to expedite ( I understand you are the non USC ) it has to be the USC

[jerni 24]

The O1 is dual intent, meaning you can leave the US without AP and your AOS application is not considered abandoned. If you are outside the US you should fly back before your current O1 expires. I'm not sure what effect your current O1 expiring would have on your AOS if you are outside the country.

Edited March 2, 2014 by jerni

[Hypnos 6,576]

There's some misinformation in here.

An O-1 may well be considered dual intent, but that's not the same thing as "you can leave without AP and return on it without abandoning any AoS currently in-process". Only H, L, V and K-3 / K-4s can leave the US without AP and not abandon their AoS (see I-485 instructions, P6-7).

Departing the US without AP abandoned your AoS. If you have since returned to the US again on your O-1 as you indicate then you can file a fresh AoS application. If you do so, do not depart the US without AP again, or you will wind up in exactly the same situation.

After filing for AoS (and AP, and an EAD) you can ask USCIS to expedite it based upon urgent need. You can read up on USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria

You can ask the civil-surgeon that performed your last I-693 medical if they have a copy they can give you (re-sealed of course) if it's been within a year of you doing it the last time. If they can't or won't then you will need to have a new medical performed. Biometrics, once captured, are valid for 15 months, so you may not have to do them again if USCIS already have valid biometrics on file for you.

Edited March 2, 2014 by Hypnos