Traveling outside the US without an advance parole

[carmel34 3,531]

20 minutes ago, Speedysam said:

What is the process of transferring her approved and pending  I130 to a consular process. 

Contact the USCIS office where you filed AOS for her and ask.  Explain what happened, that she left the country before getting AP.  They will tell you to start over and file a new I-130 because she is now outside the US, the one you filed is automatically void.  She will have to wait the 14-16 months in Colombia for a spousal visa.  Good luck.

Edited February 18, 2019 by carmel34
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[aaron2020 11,651]

How did your wife enter the US last time?  K-1 or visitor visa?

[Speedysam 2]

Visitor visa

[Just Paul 4,591]

10 minutes ago, Speedysam said:

Visitor visa

She will most likely not be able to get that again.  File the new I-130.

[Roel 7,191]

Why would she even leave US in the middle of the process? The instructions are so clear, stating that it will mean abandoning the whole thing...

[Boiler 43,433]

Under what process does her Visitor Visa get cancelled automatically when you file to adjust?

 

Asking for a friend.

[USS_Voyager 1,971]

46 minutes ago, Paul & Mary said:

She will most likely not be able to get that again.  File the new I-130.

I don't think he has to file a new I-130. The existing I-130 will continue to be processed. Only the I-485/I-131/I-765 will be abandoned. 

 

58 minutes ago, Speedysam said:

Visitor visa

OP, as everyone mentioned, the AOS is considered abandoned/canceled. It is extremely unlikely that your wife will get a B1/B2 again. You need to file for an application for action on an approved application or petition (form I-824). 

 

https://www.murthy.com/2018/07/12/changing-from-adjustment-of-status-to-consular-processing/

Changing From Adjustment of Status to Consular Processing

For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485) from within the United States, or applying for an immigrant visa at a U.S. consulate abroad, commonly referred to as consular processing.

If the immigrant petition indicates that consular processing will be used, but the foreign national instead decides to apply for adjustment of status, form I-485 can be used as normal. On the other hand, if the immigrant petition indicates that the beneficiary will apply for adjustment of status, but the beneficiary instead decides to use the consular processing option, an application for action on an approved application or petition (form I-824) typically must be submitted to the U.S. Citizenship and Immigration Services (USCIS).

Form I-824 Used to Have Case Transferred to National Visa Center

If the consular processing option is indicated on an immigrant petition, after the petition is approved, the case is sent to the National Visa Center (NVC). Once the priority date is current, or at least close to becoming current, the NVC transfers the case to the appropriate consulate and the beneficiary is scheduled for an interview. More details on how this process operates are available in the MurthyDotCom NewsBrief, Role of National Visa Center in Immigrant Visa Cases(05.Jan.2015).

If the immigrant petition indicates that the case will be completed using the adjustment-of-status option, but the beneficiary decides instead to switch to consular processing, form I-824 is needed in order to have the case transferred to the NVC. Form I-824 generally should be filed as soon as possible, as it can take months to adjudicate. Further, note that, for most types of cases, the petitioner is required to sign the I-824.

Edited February 18, 2019 by USS_Voyager

[dwheels76 5,460]

2 hours ago, Speedysam said:

What is the process of transferring her approved and pending  I130 to a consular process. 

What I would do is call USCIS yo might be able to save the I130 you file. Tell them whst happened and ask to have the I130 sent to NVC when completed and approved. 

I130 hasn't been approved right?

[Speedysam 2]

Do I need to just file I824 and re apply for adjustment of status(I485-I765 and I131)

will she get a spouse visa promptly 

[Speedysam 2]

i130 has been received by USCIS and it is pending according to the receipt

[Boiler 43,433]

18 minutes ago, Speedysam said:

i130 has been received by USCIS and it is pending according to the receipt

You just need to get it moved as she will now be going through her local Consulate, see above.

[aaron2020 11,651]

36 minutes ago, Speedysam said:

Do I need to just file I824 and re apply for adjustment of status(I485-I765 and I131)

will she get a spouse visa promptly 

 

The I-130 is still good.  You need to get it to consular processing instead of adjustment of status by filing form I-824.

 

There is no reapplying for an adjustment of status.  Your wife will need a spousal visa which will take about a year.

Nothing is going to be prompt.  It will take about a year for your wife to get a spousal immigrant visa.

 

The visitor visa was not automatically cancelled when your wife filed for AOS.  However, filing for AOS shows immigrant intent and her visitor visa would be cancelled if she tries to enter the US as a tourist and she will be put on the next flight home at her expense.  

[USS_Voyager 1,971]

52 minutes ago, Speedysam said:

Do I need to just file I824 and re apply for adjustment of status(I485-I765 and I131)

will she get a spouse visa promptly 

No reapplying adjustment of status. That ship has sailed. She cannot adjust status because by definition, only people inside the US can adjust status. People outside the US has to obtain an immigration visa through consular processing. She will not be able to come back to US until she receives an immigrant visa, at which point she will be able to enter as a Lawful Permanent Resident and receive the GC immediately after she enters. 

 

The process is you have to wait for the I-130 to be approved, then it will be forwarded to the NVC and then to the local Consular Post where your wife will attend the interview. The only thing is since already indicated on I-130 that you would do AOS, they won't automatically transfer the petition to the NVC. Hence the need to file the I-824 to tell them to do that.  The whole process will take about 12-14 months until she is able to come back on an immigrant visa (that's if everything goes well). If it was the reverse ( you indicated that you want CP but instead changing to AOS), you can just simply file the I-485. 

 

The only thing I don't know is: do you have to wait until the I-130 is approved to file the I-824 or you can just do it now? Maybe it's worth a phone call to USCIS and talk to tier 2 officer or take an appointment at the local office. 

Edited February 18, 2019 by USS_Voyager

[Speedysam 2]

Are you saying that I cannot submit form I824 until my I130 is approved.

[Boiler 43,433]

My understanding is that you can file it right now.