i-485 i-485, moved back

[sunbirth 0]

Hi,

 

My wife applied to get a green card, and she was working with EAD and the card.  We moved  back to her country, and when we decide to go back to the us, we are going to apply from her country instead of within the US because my city where I lived took way too long.   We never got her green card because we left.  I also didn't really care for having to renew it a month later if we did get it anyway.

 

My question is do we have to cancel the pending green card or can we just go ahead and apply when we are ready to go back?

 

Thanks!!

Edited January 8, 2018 by sunbirth

[payxibka 10,048]

How long will you be gone?  How do you expect her to return to the USA.  Will she get a new visa?

[gregcrs2 1,780]

OP, I am assuming your wife left the USA without advance parole travel document and have not completed her Adjustment of Status.  If this is the case, you will need to petition for a spousal visa for her to come back to the USA.  In which country are you currently living?  

1 hour ago, sunbirth said:

 I also didn't really care for having to renew it a month later if we did get it anyway.

Don't understand this comment.  

 

[sunbirth 0]

Sorry for the confusion.  She had been living in the us for over a year.  She had EAD and AP card, so she could leave the country.  We both left the us to live in her country, to return a few years later.  We never got her green card cause we left before we got it, but we don't need it as it was conditional because we were married less than 2 years when we applied.   She had a interview was literally about to get it but we left.

 

My question is when we decide to go back to us after a few years,   I don't know how it would work applying for a green card, but she had already applied for one but we just left.   Do I have to send a form to cancel the old one or can I just re apply from her country with the appropriate form.

Edited January 10, 2018 by sunbirth

[payxibka 10,048]

2 hours ago, sunbirth said:

Sorry for the confusion.  She had been living in the us for over a year.  She had EAD and AP card, so she could leave the country.  We both left the us to live in her country, to return a few years later.  We never got her green card cause we left before we got it, but we don't need it as it was conditional because we were married less than 2 years when we applied.   She had a interview was literally about to get it but we left.

 

My question is when we decide to go back to us after a few years,   I don't know how it would work applying for a green card, but she had already applied for one but we just left.   Do I have to send a form to cancel the old one or can I just re apply from her country with the appropriate form.

Since she has apparently abandoned her residency then you will need to get her a visa again

[TBoneTX 48,020]

Thread is moved from the K-1 Process forum to the CR-1 Process forum -- query would involve this path.