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cece996

leaving while my status was adjusting

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i got a k1 visa then migrated to the united states we got married within the 90 days and we filed for aos which had included i130 unfortunately my sister and father passed away and there was no time to file a eap so i left the united states without it or any other legal document after leaving they sent an appointment for me to do my biometrics but i wasn't there a week or 2 later i filied a i129 to apply for a k3 visa to continue my adjustment of status but its been pending for over a year. i went ahead and messaged the uscis and they responded that my case is on hold or suspense until the receive my bio metrics there is a uscis in Dominica republic can i just go there and do my bio metric? should i file a new i130 or leave the old one pending i really need some answers  

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I don't think that's how it works.

 

You should probably cancel all your pending petitions and then start the CR1 from a scratch.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to IR1/CR1 P&P, from K1 P&P - The OP is looking at returning to the US after abandoning her AOS.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Other Country: China
Timeline
3 hours ago, cece996 said:

i got a k1 visa then migrated to the united states we got married within the 90 days and we filed for aos which had included i130 unfortunately my sister and father passed away and there was no time to file a eap so i left the united states without it or any other legal document after leaving they sent an appointment for me to do my biometrics but i wasn't there a week or 2 later i filied a i129 to apply for a k3 visa to continue my adjustment of status but its been pending for over a year. i went ahead and messaged the uscis and they responded that my case is on hold or suspense until the receive my bio metrics there is a uscis in Dominica republic can i just go there and do my bio metric? should i file a new i130 or leave the old one pending i really need some answers  

Filing an I-129F for a spouse is futile anyway but it must be filed with or after an I-130.  The process available to you is the CR1 visa process.  Start with the guides but also carefully study the I-130 instructions.  Forget about the K3 visa.  It hasn't been available for at least 9 years.   REALLY.

 

The lone I-129F you filed will be denied anyway but it would be prudent to withdraw it.  YOU would not file any petition.  Your US Citizen spouse does the petition filing.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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thank you kindly for responding, also do i have to cancel all my other pending forms and start over with the CR1

17 hours ago, pushbrk said:

Filing an I-129F for a spouse is futile anyway but it must be filed with or after an I-130.  The process available to you is the CR1 visa process.  Start with the guides but also carefully study the I-130 instructions.  Forget about the K3 visa.  It hasn't been available for at least 9 years.   REALLY.

 

The lone I-129F you filed will be denied anyway but it would be prudent to withdraw it.  YOU would not file any petition.  Your US Citizen spouse does the petition filing.

do i have to cancel my other forms and start over?

 

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4 minutes ago, cece996 said:

do i have to cancel my other forms and start over?

 

Yes.   Your spouse needs to file an I-130/I-130A petition.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Other Country: China
Timeline
1 hour ago, cece996 said:

thank you kindly for responding, also do i have to cancel all my other pending forms and start over with the CR1

do i have to cancel my other forms and start over?

 

Withdraw anything that was filed before.  Your spouse will file an I-130 petition.  The I-130a is a required supplemental form.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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