Wife going home without green card

[nick6147 6]

Hello all, so I went through the K-1 process and we got married in November. Eventually after some issues she finally revealed that I had rushed her far too much and wasn't ready to come or be married. The AOS is already submitted but she is going home at the end of the month. Assuming the green card does not arrive in time, does anyone have experience with this situation and if there is anything I could possibly do at my local USCIS office? Any experience in this situation is helpful, thanks. 

 We will be filing the CR1 at a later time.

[Roel 7,191]

The only thing you can do is cancel AOS process if she doesnt want to stay. 

 

Your spouse really wasted a lot of time and money... 

[Unlockable 7,306]

*** Moved from  IR-1 / CR-1 Spouse Visa Process & Procedures to " Effects of Major Family Changes on Immigration Benefits" ***

[Unlockable 7,306]

What you would do is to withdraw the AOS. If your wife doesn't want to be married anymore, a quick divorce before she leaves would make things a lot easier for you and her in the future. But that may require her staying a little longer than the end of the month. Something to consider.

 

If she doesn't want a divorce but needs time, then withdraw the AOS and let her go back. Maybe things will change after she returns and you two have time to take things slower.

 

Either way, you can still divorce or work on your marriage even if she is not here.

 

Good luck to you.

[Cyberfx1024 7,978]

2 hours ago, nick6147 said:

Hello all, so I went through the K-1 process and we got married in November. Eventually after some issues she finally revealed that I had rushed her far too much and wasn't ready to come or be married. The AOS is already submitted but she is going home at the end of the month. Assuming the green card does not arrive in time, does anyone have experience with this situation and if there is anything I could possibly do at my local USCIS office? Any experience in this situation is helpful, thanks. 

 We will be filing the CR1 at a later time.

I completely agree with @Roel on this. If she does not go home without the AP or the stamp in her passport then the AOS is pretty much for nothing because it will be considered abandoned. We have seen something like this and usually entails something along the lines of this: She goes home and realizes how much it sucks at home, complains to you about everything and how she is sorry and wishes that she could redo things and be with you, you then have to file a CR1 for her to come back, she gets the CR1 after 12 months and comes back to live with you. 

[Paul & Mallory 1,398]

I think it's worth re-mentioning that leaving without AP or green card is abandoning AOS. This means she cannot come back, under this particular status or circumstance. She cannot return home, and then want to come back and try again. You guys would have to file all over again for a CR1, as you are married now, and go through that process. I know you mention this in your post, but feel it is worth addressing directly. Some people make choices thinking they can change their mind again if they want to, but there always comes a point in immigration that is of no return, and you cannot change your mind again. Just make sure you are BOTH aware of that before moving forward.

[Ban Hammer 12,840]

one post removed for not being constructive advice.

either post constructive advice or do not post.

 

charles

vj moderation

[Cryssiekins 976]

You’ve probably already done this, but try to gently talk to her about it.

 

EVERYONE feels homesick, so I empathize with that, but she may not be considering the strain this will be - not only financially, but also on your relationship, as it doesn’t seem like she wants to end your marriage.  

 

Any way that maybe she could have a family member or friend from home come to visit?  

 

I was very very fortunate to only be a few hours from my family and friends, but those first 7 months were tough.  My husband worked so much bc we relied mostly on his income, so I was bored and alone, a lot, and it was tough.  As much as I was thrilled to finally be with husband, I was homesick in the worst way.  Although not frequent, my parents and two of my best friends made the trip down to visit, and that really helped!

 

She will likely regret it pretty soon after going home, and then you’ll be separated and stressed for 12+ months waiting for another visa.

 

I wish you all the best, and I hope she changes her mind, because it does get better.

[nick6147 6]

18 minutes ago, Cryssiekins said:

You’ve probably already done this, but try to gently talk to her about it.

 

EVERYONE feels homesick, so I empathize with that, but she may not be considering the strain this will be - not only financially, but also on your relationship, as it doesn’t seem like she wants to end your marriage.  

 

Any way that maybe she could have a family member or friend from home come to visit?  

 

I was very very fortunate to only be a few hours from my family and friends, but those first 7 months were tough.  My husband worked so much bc we relied mostly on his income, so I was bored and alone, a lot, and it was tough.  As much as I was thrilled to finally be with husband, I was homesick in the worst way.  Although not frequent, my parents and two of my best friends made the trip down to visit, and that really helped!

 

She will likely regret it pretty soon after going home, and then you’ll be separated and stressed for 12+ months waiting for another visa.

 

I wish you all the best, and I hope she changes her mind, because it does get better.

She actually wants to have the time at home to get her life in order because I rushed her the first time. Being homesick and having no desire to be here just adds up to a bad situation so I'm supportive of her taking the time even though it is hard.

[SalishSea 16,772]

19 hours ago, nick6147 said:

Assuming the green card does not arrive in time

The green card will not spontaneously arrive at your house without an interview.

[ihaveadream 19]

Get her AP... so that way you have not wasted time and money...

[TBoneTX 43,058]

4 hours ago, nick6147 said:

She actually wants to have the time at home to get her life in order because I rushed her the first time. Being homesick and having no desire to be here just adds up to a bad situation so I'm supportive of her taking the time even though it is hard.

This is mature, long-range, highly commendable thinking.

We can't want something for other people more than they want it themselves.