Withdrawing I-485 to move abroad - consequences?

[Sondra 0]

Hello! 

 

My husband and I got married in February in the US after he received his K1 visa. We submitted his I-485 for adjustment of status shortly after, and are still waiting. We are considering withdrawing the petition, however, as we have an opportunity to move abroad. I'm just worried if there are any ramifications of withdrawing the petition. I know that straight-up abandoning the petition has some consequences, so I'm worried some of those still may apply. Specifically:

1) Will the withdrawal reflect badly if we choose to apply for a marriage visa to return to the States down the road?

2) Will it at all affect his ability to come back to the States to visit on his tourist visa? 

3) Once we submit the withdrawal, is there a time limit that he has to leave the country? He has been here over six months now, so he would have overstayed both his K1 and his tourist visa.

 

Any insight would be so appreciated - thank you!

 

Sondra

 

 

[HRQX 4,145]

28 minutes ago, Sondra said:

Once we submit the withdrawal

Mail the withdrawal letter after he leaves the US.

28 minutes ago, Sondra said:

He has been here over six months now, so he would have overstayed both his K1 and his tourist visa.

If you follow the aforementioned advice then there won't be any overstay (I'm assuming that Form I-485 was properly filed before his I-94 expired) https://fam.state.gov/FAM/09FAM/09FAM030211.html

Quote

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

(1)  (U) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a)  (U) the expiration of the Form I-94 (or any extension); or

(b)  (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first.

(2)  (U) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made;

(3)  (U) For aliens granted "voluntary departure" (VD), pursuant to INA 240B, the period of time between the granting of VD and the date of their departure, if the alien departs according to the terms of the grant of VD;

(4)  (U) For aliens who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the From I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that:

(a) (U) the alien does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and

(b)  (U) the alien did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either:

(i)     (U) that the application was subsequently approved; or

(ii)    (U) if the application was denied or the alien departed while the application was still pending, that the application was timely filed and nonfrivolous.

(5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);  

(6)  (U) For aliens covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and

(7)  (U) For aliens granted deferred action, the period during which deferred action is authorized.

Edited July 29, 2021 by HRQX

[Laureta 0]

On 7/29/2021 at 6:15 PM, Sondra said:

Hello! 

 

My husband and I got married in February in the US after he received his K1 visa. We submitted his I-485 for adjustment of status shortly after, and are still waiting. We are considering withdrawing the petition, however, as we have an opportunity to move abroad. I'm just worried if there are any ramifications of withdrawing the petition. I know that straight-up abandoning the petition has some consequences, so I'm worried some of those still may apply. Specifically:

1) Will the withdrawal reflect badly if we choose to apply for a marriage visa to return to the States down the road?

2) Will it at all affect his ability to come back to the States to visit on his tourist visa? 

3) Once we submit the withdrawal, is there a time limit that he has to leave the country? He has been here over six months now, so he would have overstayed both his K1 and his tourist visa.

 

Any insight would be so appreciated - thank you!

 

Sondra

 

 

Hello dear Sondra 

me and my husband are going through the same thing. I got to US 5 months ago on k-1 visa, we got married and we filed for  AOS but now we have to travel abroad because my husband has a work contract for 3 years outside US. We sent an Withdrawal Request so we will file for a spousal visa from there. 
 

I just wanted to ask if you went through with it and what where the consequences? 
 

Lalu

[cararyn 12]

On 7/29/2021 at 4:15 PM, Sondra said:

Hello! 

 

My husband and I got married in February in the US after he received his K1 visa. We submitted his I-485 for adjustment of status shortly after, and are still waiting. We are considering withdrawing the petition, however, as we have an opportunity to move abroad. I'm just worried if there are any ramifications of withdrawing the petition. I know that straight-up abandoning the petition has some consequences, so I'm worried some of those still may apply. Specifically:

1) Will the withdrawal reflect badly if we choose to apply for a marriage visa to return to the States down the road?

2) Will it at all affect his ability to come back to the States to visit on his tourist visa? 

3) Once we submit the withdrawal, is there a time limit that he has to leave the country? He has been here over six months now, so he would have overstayed both his K1 and his tourist visa.

 

Any insight would be so appreciated - thank you!

 

Sondra

 

 

Hey Sondra - I am in a similar boat and was wondering if you were able to find out more information around your questions? Thank you!