Moving back out of America before AOS completes. Consequences?

[RevGreen 86]

We've been waiting 150 days for my wife's AP / EAD. Unfortunately we can't wait any longer. My wife and I have both received job opportunities back in Thailand that we can't refuse. So - I understand that if we leave it will make the whole process void. Will that have any repercussion on her getting a tourist visa later on when we want to come visit my family? What if we wait for the AP, but not for the AOS interview. Will that be a better "look" for her in the future?

[Khallaf 646]

10 minutes ago, RevGreen said:

We've been waiting 150 days for my wife's AP / EAD. Unfortunately we can't wait any longer. My wife and I have both received job opportunities back in Thailand that we can't refuse. So - I understand that if we leave it will make the whole process void. Will that have any repercussion on her getting a tourist visa later on when we want to come visit my family? What if we wait for the AP, but not for the AOS interview. Will that be a better "look" for her in the future?

if you leave before the AOS interview it will void it to.

 

there will be no repercussions but the full disclosure that it was applied for will need to be made and they very well could deny based on immigrant intent.

 

Good luck 

 

if you leave also keep in mind to get back to USA you will need to file I-130 for a CR1/IR1 visa.

Edited January 7, 2019 by Khallaf

[Lil bear 3,831]

Your AP is valid only while the AOS is in process. Failing to attend the interview will result in the cancellation of the AOS application and hence the AP.  IMO holding onto .and especially using the AP while you clearly intend not to live in the US, would be a far worse look than cancelling the whole process now and moving overseas. 

[Just Paul 4,591]

It is hard to get a tourist visa for a USC spouse.  Not that it is always denied but you really have to show non immigrant intent.  

 

Why did you go thru all of the wait if you were planning on going back to Thailand to work?

 

 

[RevGreen 86]

4 minutes ago, Paul & Mary said:

It is hard to get a tourist visa for a USC spouse.  Not that it is always denied but you really have to show non immigrant intent.  

 

Why did you go thru all of the wait if you were planning on going back to Thailand to work?

 

 

Obviously we didn't plan to move back. But some opportunities you can't say no to.

 

Our lawyer had explained that having surrendered PR would be favorable in the future, as she already demonstrated that despite a clear path to PR and a Green Card, she has no intent on actually living in America.

[Khallaf 646]

10 minutes ago, RevGreen said:

Obviously we didn't plan to move back. But some opportunities you can't say no to.

 

Our lawyer had explained that having surrendered PR would be favorable in the future, as she already demonstrated that despite a clear path to PR and a Green Card, she has no intent on actually living in America.

if there was no actual intent to live in America why didn't you just move there in the first place, you simply cost yourself money for the filing and if you paid to hire an attorney.

 

good luck for your future.

[RevGreen 86]

1 minute ago, Khallaf said:

if there was no actual intent to live in America why didn't you just move there in the first place, you simply cost yourself money for the filing and if you paid to hire an attorney.

 

good luck for your future.

 

Why does it matter to you? We moved to America because we wanted to. And now we are moving back to Thailand because we want to.

[M&JB 80]

1 minute ago, RevGreen said:

 

Why does it matter to you? We moved to America because we wanted to. And now we are moving back to Thailand because we want to.

Being rude don’t give you good answers on here. One may just simply wonder why.

[RevGreen 86]

Just now, M&JB said:

Being rude don’t give you good answers on here. One may just simply wonder why.

But I already said why... because of a job opportunity.

[Khallaf 646]

Just now, RevGreen said:

But I already said why... because of a job opportunity.

my question was simply based on your saying she had no intent to live here, there for I asked the question as to why come somewhere she didn't want to live anyway, if she expressed she did not want to come.

 

anyway sorry I ruffled your feathers, you have your answers already

 

good luck in the future.

[M&JB 80]

2 minutes ago, RevGreen said:

But I already said why... because of a job opportunity.

So... while you are in the process of AOS, were you looking for jobs in Thailand? Or are this “job opportunities” just came to you without you even looking for it? Just curious, that’s all.

[ykowalski 11]

Let us stick to answering the OP's question and not get sidetracked by what made him change his mind. 

[RevGreen 86]

5 minutes ago, ykowalski said:

Let us stick to answering the OP's question and not get sidetracked by what made him change his mind. 

Thanks.

 

I am well aware that leaving cancels the process. I'm simply wondering if anyone has experience in getting a tourist visa AFTER surrendering PR or similar.

[payxibka 10,044]

20 minutes ago, RevGreen said:

Thanks.

 

I am well aware that leaving cancels the process. I'm simply wondering if anyone has experience in getting a tourist visa AFTER surrendering PR or similar.

The standard remains the same.   Strong ties to home country.  Having a USC spouse simply adds to the items to overcome but it is not an impossible thing to overcome just takes more thought on how you will present such evidence 

[Going through 5,668]

1 hour ago, Khallaf said:

my question was simply based on your saying she had no intent to live here, there for I asked the question as to why come somewhere she didn't want to live anyway, if she expressed she did not want to come.

 

anyway sorry I ruffled your feathers, you have your answers already

 

good luck in the future.

 

In fairness to the OP.....rereading the thread, it is more clear that the "she has no intent to live here" part was in reference on how to prove that to POE (if intent is perceived to stay and adjust status) at a later date when returning to the US for tourism purposes.  Not in reference to having "no intent" when K1 and AOS was previously filed for:

 

1 hour ago, RevGreen said:

Obviously we didn't plan to move back. But some opportunities you can't say no to.

 

Our lawyer had explained that having surrendered PR would be favorable in the future, as she already demonstrated that despite a clear path to PR and a Green Card, she has no intent on actually living in America.

OP is basically saying their lawyer advised that surrendering/withdrawing the AOS is a way of (hopefully) showing no intent to stay and adjust status when crossing in the future as a tourist, if intent is brought into question at POE.

 

OP, keep in mind that entry is only guaranteed to US citizens---with a US spouse, and having had immigrant intent before, expect some level of scrutiny at the border for your foreign spouse.

Edited January 7, 2019 by Going through