K1 to CR1 question

[Craggie Bear 1]

Hey there.

 

I am writing as I had nearly completed my AOS from a K1 Visa in late november, but had to return to UK becuase my father has cancer and my mother had a double hip replacement and they needed me for care/recovery. (All this can be proved asnd I have letters in hand).

 

However, I had to return before the AOS and Permit to travel coomewted and becuase of COVID I got no replies or help when contacitng UCIS. I even asked the Embassy in London, but got the run around.

 

It broke my heart as the last 6 moths were just amazing.

 

I'm not here to moan about any of that, but I just want to find out, if my K-1 process is totally dead now and I have to start again?

I am assuming so, and the CR-1 is now my only option, but I am sure I have grounds for expedition. (I conformed to all packets et al for the K-1 and the processes after the wedding).

I have applied for the CR-1 (my wife has) and I have addded a letter abvout the K-1 and why I left the USA.

My wife obviously wants me back for personal reasons, but I also need to get back to financially support her too.

 

Other than in my CR-1 application, what is the best way to request or infiorm the authorites to consider expedition?

 

Regards & Happy New Year.

 

Hoping 2021 is better than 2020!

 

CB

[Letspaintcookies 2,213]

You would call USCIS and request an expedite. If it's granted and your case moves to NVC you request again. 

Maybe you get lucky and I'm crossing my fingers but I kinda don't see a case for an expedite.

[Crazy Cat 39,362]

Sounds like to abandoned your adjustment of status.  Your option is now a CR-1/IR-1. See this site for expedite instructions:  https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Edited January 1, 2021 by Lucky Cat

[Craggie Bear 1]

2 minutes ago, Lucky Cat said:

Sounds like to abandoned your adjustment of status.  Your option is now a CR-1/IR-1. See this site for expedite instructions:  https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Yes, technically. But unwillingly. I accept my actions, but want to be heard. That's all.

Thanks for info.

 

 

[HRQX 4,145]

13 minutes ago, Craggie Bear said:

I have applied for the CR-1 (my wife has)

If I-130 petition is already filed then you can try an expedite: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[Craggie Bear 1]

10 minutes ago, Letspaintcookies said:

You would call USCIS and request an expedite. If it's granted and your case moves to NVC you request again. 

Maybe you get lucky and I'm crossing my fingers but I kinda don't see a case for an expedite.

I'll make a good case, child care, financial, emotional support etc. Like I say. Only want a fair hearing.

Cheers

CB

[Craggie Bear 1]

8 minutes ago, HRQX said:

If I-130 petition is already filed then you can try an expedite: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Thank you. Yes it's filed as I saw it as the only way forward.

[Letspaintcookies 2,213]

6 minutes ago, Craggie Bear said:

I'll make a good case, child care, financial, emotional support etc. Like I say. Only want a fair hearing.

Cheers

CB

Totally understand but it's easy to argue that you can work in your home country and send money over. There are many other couples with children in the same position waiting for their CR-1. They also have to manage the financial burden of two household's, child care and the emotionalstruggle of being apart from each other. Try of course but don't get your hopes up too high.

[Craggie Bear 1]

3 minutes ago, Letspaintcookies said:

Totally understand but it's easy to argue that you can work in your home country and send money over. There are many other couples with children in the same position waiting for their CR-1. They also have to manage the financial burden of two household's, child care and the emotionalstruggle of being apart from each other. Try of course but don't get your hopes up too high.

I agree. However each case if different and my abandonment was not on my terms. I accept the chances - I know others are waiting. I waited a year for my K-1 and followed all processes - I can but try. 
 

I am a realist - but I also want to try. 
 

What choice do I have?

 

[Letspaintcookies 2,213]

Just now, Craggie Bear said:

I agree. However each case if different and my abandonment was not on my terms. I accept the chances - I know others are waiting. I waited a year for my K-1 and followed all processes - I can but try. 
 

I am a realist - but I also want to try. 
 

What choice do I have?

 

You definitely have nothing to loose so give it a try for sure.

[pushbrk 12,144]

Had you done the biometrics appointment before you left the US?  If so, you may still receive the EAD and AP card at the US address.  It can be forwarded to you for use in re-entering the US.

 

I'm also aware of one case where the petitioner got the office of the Senior US Senator from their state to arrange for AP anyway, so the AOS could be completed.  

[HRQX 4,145]

Even then, a formal finding of abandonment is still a very high risk per 8 CFR § 245.2(a)(4)(ii). USCIS policy has been consistent with AOS from K-1 abandonment when compared to the specific subset of AOS from H-1B, L-1, etc. https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/practice-alert-uscis-denying-pending-forms-i-131

Edited January 2, 2021 by HRQX

[SteveInBostonI130 3,319]

Unfortunately, reasons for expedite are based on current situation and not on circumstances in the past.  Do submit for expedite, but realize that your relevant situation does not differ much from all other CR1 cases where the spouses are separate and want to be reunited as quickly as possible.

 

In 2019 my wife came over on the K1 and we married.  She had to return to Ukraine due to a family emergency.  We started our immigration over with the CR1.  I submitted a request for expedite but was denied.  Fortunately, USCIS approved our petition quicker than the average time, for some reason.  

 

I wish you guys good luck and I hope you will be reunited soon.

[Letspaintcookies 2,213]

13 hours ago, pushbrk said:

Had you done the biometrics appointment before you left the US?  If so, you may still receive the EAD and AP card at the US address.  It can be forwarded to you for use in re-entering the US.

 

I'm also aware of one case where the petitioner got the office of the Senior US Senator from their state to arrange for AP anyway, so the AOS could be completed.  

But leaving before AP is approved is abandoning the status. And whenever it gets uncovered OP will be in trouble. 

[Craggie Bear 1]

I made the fact known at CR-1 application.

Everything I do is by the books.