Leaving before AOS is approved

[Patience089 92]

Hi 

Can I still come to the USA for vacation if I leave before my AOS is approved ?

I'm currently thinking of leaving because I'm very unhappy here in general.

 

Thanks for your help.

[SalishSea 16,770]

1 minute ago, runninggirl said:

Hi 

Can I still come to the USA for vacation if I leave before my AOS is approved ?

I'm currently thinking of leaving because I'm very unhappy here in general.

 

Thanks for your help.

If you leave before you have AP, your AOS will be seen to be abandoned and you will not be readmitted.

 

But we need more info.....which visa were you adjusting status from?  Are you VWP/B visa eligible?

[payxibka 10,044]

Just now, Jorgedig said:

If you leave before you have AP, your AOS will be seen to be abandoned and you will not be readmitted.

 

But we need more info.....which visa were you adjusting status from?  Are you VWP/B visa eligible?

K1 and Germany 

[Roel 7,191]

6 minutes ago, runninggirl said:

Hi 

Can I still come to the USA for vacation if I leave before my AOS is approved ?

I'm currently thinking of leaving because I'm very unhappy here in general.

 

Thanks for your help.

1. Officially cancel AOS.  I'd say that's important. 

2. You can still use VWP or B2 Visa. 

[K1visaHopeful 2,661]

If a K1 marries and leaves before receiving AP or GC, they would likely be unable to return to the US on a tourist Visa. The onus would be on you to prove you would not use your nonimmigrant Visa to immigrate and now that you have a US spouse, that may be difficult (but not impossible) to prove.

 

If you wanted to leave before AP or GC approval and then come back to adjust your status later on you would need to go the Spousal Visa route and wait in your country for that process (12 to 14 months currently) be approved for the Spousal petition, Spousal visa and then could return as a GC holder if approved.

 

If you just want to go and not come back there nothing stopping you except if you would like to divorce your USC it would probably be easier to do that in the US before leaving.

[Ontarkie 13,915]

~~Moved to Effect of Major Family Changes, from K1 P&P~~

[Patience089 92]

2 minutes ago, K1visaHopeful said:

If a K1 marries and leaves before receiving AP or GC, they would likely be unable to return to the US on a tourist Visa. The onus would be on you to prove you would not use your nonimmigrant Visa to immigrate and now that you have a US spouse, that may be difficult (but not impossible) to prove.

 

If you wanted to leave before AP or GC approval and then come back to adjust your status later on you would need to go the Spousal Visa route and wait in your country for that process (12 to 14 months currently) be approved for the Spousal petition, Spousal visa and then could return as a GC holder if approved.

 

If you just want to go and not come back there nothing stopping you except if you would like to divorce your USC it would probably be easier to do that in the US before leaving.

I want to leave because I'm also not happy with marriage and this turned out to be close to hell.

I have a 1 year wait period in order to get divorced in my state, so if I would actually leave I could still get the divorce when I'm in Germany correct?

[Carpe Vinum 2,310]

3 minutes ago, runninggirl said:

I want to leave because I'm also not happy with marriage and this turned out to be close to hell.

I have a 1 year wait period in order to get divorced in my state, so if I would actually leave I could still get the divorce when I'm in Germany correct?

Absolutely...yes. You just may be sending a lot of docs back and forth....

Edited May 10, 2019 by boris64

[Ontarkie 13,915]

If you are not in any danger but just unhappy. Please try to stick it out until you get AP. 

I know it is a major culture shock and stressful and boy can things feel hopeless and never ending. 

 

I was ready to leave almost every second of every day for the first yr. I was not from a little town but a secluded area on the lake totally different from here. I had a hard time with the southern accent, the food, and not being able to go for a simple walk somewhere without getting ran over. I pulled my kids from school their third day in because of so many issues. I'm not good with change if you can't tell it took me 8 months to feel like I was ok. It took me 3 yrs for me to feel like this was home and finally not hate everything. 

 

So if it is just culture shock and missing your family and what is familiar please try to hold on. 

[Ontarkie 13,915]

4 minutes ago, runninggirl said:

I want to leave because I'm also not happy with marriage and this turned out to be close to hell.

I have a 1 year wait period in order to get divorced in my state, so if I would actually leave I could still get the divorce when I'm in Germany correct?

I just saw this. You posted while I was typing. That makes a huge difference. Go home and yes you can divorce when you get back. 

 

I think as long as you applied for AOS before your 90 days where up you can still use VWP. Someone recently posted about that and their experience.