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jfleck

Abandonment of I 485

By jfleck in Working & Traveling During US Immigration

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jfleck Newbie

jfleck   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

My wife is scheduled to leave the US on 9/28/15 due to financial hardship and pending case in PI. We have tried to expedite her I-485 and submitted expedited I-131. What happens if she leaves without either of these? She thought she saw on this website where she would have to wait 3-10 years to re-enter and apply for new visa. Is this true?

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

If she leaves US without AP whike i485 is pending, i485 is considered abandoned and will be cancelled. She has to start over the immigrant visa process and go through consular pricessing to get immigrant visa thereafter.

As Transborderwife suggested, only if she had accrued unlawful presence in US for more than 6 months, it might become an issue to trigger a ban. If that's the case ans she is travelling on that day no matter what, she can apply for provisional unlawful presence waivers after consular office determines her inadmissibility.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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jeevcy Contributor

jeevcy   2

Posted
Filed: Timeline
Posted

When will she be back? She needs a legal way to get back in the US

Cleanest way would be using AP.

What visa is she on currently? She can use that before she becomes a PR.

If not, Last option would be to get in using approved ARC (Alien Resident Card) if you can get it to her.

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belinda63 Experienced

belinda63   2,981

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

If she leaves prior to receiving either her AOS is considered abandoned. Depending on how long she has been here since her I-94 expired she may have a ban from re-entering the US. You would be starting over by filing the I-130 and if she has a ban the appropriate waivers.

I would be banging on the local USCIS office's door trying for that expedited AP.

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from US Citizenship forum to the Working & Traveling forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

What visa is she on currently? She can use that before she becomes a PR.

Only if it's an H1b/H4/L1/L2/K3/K4 visa.

If not, Last option would be to get in using approved ARC (Alien Resident Card) if you can get it to her.

If she leaves without AP and without H1b/H4/L1/L2/K3/K4 visa, then she has abandoned AOS, which means no green card, and even if it gets issues it's invalid.

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