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Aosap402

AOS wasent abandoned after leaving u.s before AP was issued?

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Filed: Citizen (apr) Country: Taiwan
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@Aosap402 Please continue to update us.  Cases like this are extremely interesting, but we don't often get followup information.  Your experience will be extremely beneficial to other posters.  I hope it works out well for you.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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31 minutes ago, K1visaHopeful said:

You could try to get her back in but be prepared to have her denied entry. Then also you would have to disclose that denial of entry on her new I485 and DS260 as well. It might be better to avoid the whole reentry issue now and not have that denial of reentry on her record.

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

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Filed: K-1 Visa Country: Wales
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It will be an IR1 as you will be married ore than 2 years by the time you are approved.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Aosap402 said:

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

1.  I would at least consult with an immigration attorney before I took any drastic action.

2.  The difference between a CR-1 and an IR-1 is that if married for 2 years upon date of entry to the US, the new resident will receive a 10 year green card....and no removal of conditions would be required 2 years later.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Philippines
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1 minute ago, Aosap402 said:

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

Cr vs ir is determined at entry.   If married 2+ years at entry you avoid conditional status. 

 

You should withdraw the i485 and get the i130 sent to nvc for consular processing 

YMMV

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12 minutes ago, Boiler said:

I was trying to work out od she has re entered, I assume not.

 

She is still out of the country for an emergency that has ongoing for more than 3 months. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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32 minutes ago, JFH said:

She is still out of the country for an emergency that has ongoing for more than 3 months. 

Lol we never came back because we didnt even know the case was still open. Either way it doesnt matter we have decided to go the smarter route of the spousal visa so the application and case are now going to be withdrawn.

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35 minutes ago, payxibka said:

Cr vs ir is determined at entry.   If married 2+ years at entry you avoid conditional status. 

 

You should withdraw the i485 and get the i130 sent to nvc for consular processing 

Ok thank you so much. Will i have to pay the i-130 fee again or will they just send their records of it to nvc if we ask them? And im guessing im just supposed to call the 1800 uscis number and ask them to do that or is it something else? Thanks again.

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Filed: AOS (apr) Country: Philippines
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12 minutes ago, Aosap402 said:

Ok thank you so much. Will i have to pay the i-130 fee again or will they just send their records of it to nvc if we ask them? And im guessing im just supposed to call the 1800 uscis number and ask them to do that or is it something else? Thanks again.

I think its the i-824

YMMV

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3 minutes ago, payxibka said:

I think its the i-824

So if i filed this form and payed the 465, they would send the i-130 i already payed for to nvc without me having to refile i-130 myself correct? And how do i know if my i-130 is approved? it seems to me that its joined with the i-485 so do i have to redo the i-130 if that is the case?

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Filed: Citizen (pnd) Country: Canada
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2 hours ago, Aosap402 said:

Your right. I'm not trying to argue lol I just wanted to know why they didn't cancel it right then. If its true that they dont know and will look before the interview then going back to the u.s asap before they deny it seems to be the smartest bet. Should I get a lawyer to come with us to the interview so that we can refile quickly without them going through deportation proceedings?

I know you decided to go the spousal visa route, and I agree with your decision. Just to confirm everyone else's thoughts, here's how my COS (not AOS) application worked:

 

I submitted COS from one status to another (work to tourist). I left the US one month later. I then re-entered the US, got another work status, and that was that. 

 

4 months later, I got a letter from USCIS saying that my COS application was canceled since I left the US. 

 

They move VERY slowly. It would eventually come back and bite you if you tried, it would just be a matter of time. So good call, and good luck! 

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-31: Interview is scheduled

2018-11-21: Last TN expired

2018-12-11: AOS Interview - Card is being produced

2018-12-18: Green Card received

------------------

2020-09-23: Mailed I-751 to USCIS

2020-10-03: 18-month extension NOA 

2020-10-15: Biometrics from AOS applied to ROC

2020-12-11: Conditional green card expired 

2021-05-17: Card is being produced

2021-05-24: Green Card received

------------------

2021-09-14: Online application for N-400

2022-05-04: Interview is scheduled

2022-06-13: N-400 Interview

2022-06-13: Immediate oath & naturalization certificate!

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3 hours ago, Aosap402 said:

I understand what your saying, but up until that point it is valid and will only start being a problem once they decide to deny, if that happens i would just refile Aos and start again but she should be able to stay in the u.s since i would reapply while she is in the u.s

Very low odds of re-entering with AP. But if you do get in see the threads below:

 

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Filed: Citizen (apr) Country: Turkey
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For just a general info how i-131 works, here is a statement from USCIS page( https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel) :

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned."

Edited by Huckleberry&Koala

Removal of Conditions

02/06/2021: Filed and package sent

02/10/2021: Received by USCIS

03/18/2021: NOA 1

07/01/2021: Biometrics waived

09/27/2011: Case approved, no interview (K1 visa)

Service Center: WAC

 

 

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Filed: AOS (pnd) Country: Nigeria
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7 hours ago, Aosap402 said:

She was a b2 visa and she met and married me after she got here. Its not marriage fraud so I'm not worried about that and cbp at Miami airport themselves said she would get in fine so I think itl be ok. We already have her I-130 nd I-485 filed so I would just need to refile correct. Also, do you guys think its a good idea to get a lawyer for the interview becayse of the added complexity to this case? We didnt use one for filing but i could get one just for the interview

Had a friend whose wife left and came back- same way. They didn’t tell anyone anything. They had no issue. Best of luck 

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8 hours ago, p-ana said:

You’re not even sure she will be allowed back in

Why would she not?  She's in possession of a valid AP card.

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