Abandonment

[PaulaB. 1]

I petition my spouse and she got approved but we got separated because of 3rd party. She abandoned her visa and its been more than a year now. Can she still get approved when she file it again? 

I am going to divorce her though. And I don't want her to come here anymore. what should I do?

Edited November 28, 2018 by PaulaB.

[Going through 5,671]

13 minutes ago, PaulaB. said:

She abandoned her visa and its been more than a year now. Can she still get approved when she file it again? 

If you mean can she get approved for a tourist visa (or another type of visa) at a later date, then yes it's possible if she can convince the CO of compelling reasons to return to her home country...having been sponsored by you in the past doesn't make her automatically ineligible for another type of visa, or being petitioned for another spousal visa by someone else (especially since it's been more than a year now).

 

13 minutes ago, PaulaB. said:

I am going to divorce her though. And I don't want her to come here anymore. what should I do?

There's nothing you can do to stop her from entering the US by legal means, if she holds a valid visa.  No one person holds the keys to the country.

 

 

 

Edited November 28, 2018 by Going through

[geowrian 22,337]

What exactly is meant by "she abandoned her visa"? Did she ever actually get the visa and enter the US?

[PaulaB. 1]

9 minutes ago, Going through said:

If you mean can she get approved for a tourist visa (or another type of visa) at a later date, then yes it's possible if she can convince the CO of compelling reasons to return to her home country...having been sponsored by you in the past doesn't make her automatically ineligible for another type of visa, or being petitioned for another spousal visa by someone else (especially since it's been more than a year now).

 

There's nothing you can do to stop her from entering the US by legal means, if she holds a valid visa.  No one person holds the keys to the country.

 

 

 

sorry if I didnt specify what kind of visa. Family base visa.

[Going through 5,671]

I'm assuming she's back in her home country?

 

I'm also assuming she entered the US on a CR-1 visa?

Edited November 28, 2018 by Going through

[debbiedoo 2,339]

did she move here or no?

 

you have no control over when or how she enters the country.

 

 

[PaulaB. 1]

3 minutes ago, geowrian said:

What exactly is meant by "she abandoned her visa"? Did she ever actually get the visa and enter the US?

She got approved on I-130 visa and she abandoned it. Not letting the USCIS that she will not pursue it anymore. Can she reinstate it without my approval?

[PaulaB. 1]

16 minutes ago, Going through said:

If you mean can she get approved for a tourist visa (or another type of visa) at a later date, then yes it's possible if she can convince the CO of compelling reasons to return to her home country...having been sponsored by you in the past doesn't make her automatically ineligible for another type of visa, or being petitioned for another spousal visa by someone else (especially since it's been more than a year now).

 

There's nothing you can do to stop her from entering the US by legal means, if she holds a valid visa.  No one person holds the keys to the country.

 

 

 

I mean yes she can still come here, but she cant reinstate the visa she had before, right? 

[PaulaB. 1]

5 minutes ago, debbiedoo said:

did she move here or no?

 

you have no control over when or how she enters the country.

 

 

no she did not. visa got expired. Can she still reinstate it without my approval?

[geowrian 22,337]

2 minutes ago, PaulaB. said:

She got approved on I-130 visa and she abandoned it. Not letting the USCIS that she will not pursue it anymore. Can she reinstate it without my approval?

The I-130 is a petition, not a visa.

If only the I-130 was approved but she never obtained & entered on the visa, then you should write to the embassy/consulate as well as USCIS to withdraw the I-130. She likely wouldn't apply & get approved without new evidence in that timeframe, but the I-130 never expires.

If she obtained & entered on the actual visa, then there's nothing you can do.

[Going through 5,671]

4 minutes ago, PaulaB. said:

She got approved on I-130 visa and she abandoned it. Not letting the USCIS that she will not pursue it anymore. Can she reinstate it without my approval?

The i-130 is not a visa...if you mean that only the i-130 was approved and then she abandoned completing the process to receive the actual visa, there's nothing stopping her from being eligible to receive another type of visa in the future.

 

2 minutes ago, PaulaB. said:

no she did not. visa got expired.

I think you're either mixing up terms, or not sure exactly where you/her are in the immigration process.  

 

Just to clarify---did she ever actually ENTER the States?

 

[PaulaB. 1]

3 minutes ago, Going through said:

The i-130 is not a visa...if you mean that only the i-130 was approved and then she abandoned completing the process to receive the actual visa, there's nothing stopping her from being eligible to receive another type of visa in the future.

 

I think you're either mixing up terms, or not sure exactly where you/her are in the immigration process.  

 

Just to clarify---did she ever actually ENTER the States?

 

Im sorry. Okay what happened is she got approved with the visa I filed to her which is the Petition for alien relative. She got her passport and plane ticket. But she abandoned it not pursuing or not going here anymore. We got separated and Im trying to file a divorce here since I filed it here that we are married. Can she reinstate the visa without my permission? 

[Going through 5,671]

1 minute ago, PaulaB. said:

Im sorry. Okay what happened is she got approved with the visa I filed to her which is the Petition for alien relative. She got her passport and plane ticket. But she abandoned it not pursuing or not going here anymore. We got separated and Im trying to file a divorce here since I filed it here that we are married. Can she reinstate the visa without my permission? 

Inform USCIS and the consulate in writing that you wish to withdraw the i-130.

[geowrian 22,337]

1 minute ago, PaulaB. said:

Im sorry. Okay what happened is she got approved with the visa I filed to her which is the Petition for alien relative. She got her passport and plane ticket. But she abandoned it not pursuing or not going here anymore. We got separated and Im trying to file a divorce here since I filed it here that we are married. Can she reinstate the visa without my permission? 

Not likely, but not impossible either as the I-130 remains active. best bet is to contact the embassy/consulate and USCVIS to withdraw the I-130. That will terminate any ability for her to continue.

[Boiler 45,651]

Do you know that she did not enter, that she is still in her home country?