Need advice on leaving the US before receiving AP or Green card

[cararyn 12]

Long story short, my husband wants to go home to his country for a bit but we don't have his AP or Green card yet. I know that if he leaves without receiving either, we are abandoning the AOS application altogether. If in the future he wants to come again, does that mean we have to fill out the I-130 form and start all over? The weird thing would be that we have a marriage license from the US. Not sure if that would make a difference or not. Thank you. 

[Crazy Cat 39,218]

If he leaves the US before having a valid AP document or a valid Green Card, he will abandon his adjustment.  You will have to start the spousal visa process from scratch by filing an I-130.  It will take about 18 to 24 months from start to visa in hand.  The chances of his returning to the US during the spousal visa  process are extremely slim.

Edited July 29, 2022 by Crazy Cat

[Verrou 1,899]

13 minutes ago, cararyn said:

Long story short, my husband wants to go home to his country for a bit but we don't have his AP or Green card yet. I know that if he leaves without receiving either, we are abandoning the AOS application altogether. If in the future he wants to come again, does that mean we have to fill out the I-130 form and start all over? The weird thing would be that we have a marriage license from the US. Not sure if that would make a difference or not. Thank you. 

you can have legal marriage anywhere u want, but even got married in US wont gave ur husband immediate status. 

in the future if he wants to come to the US, u have to apply for spouse visa while he is waiting outside USA

Edited July 29, 2022 by Misscloud

[arken 4,197]

12 minutes ago, cararyn said:

If in the future he wants to come again,

It seems he will be going for a bit longer.

 

Best to withdraw i485 to avoid complication if he is gone for a good time. I130 remains valid if approved. When he is ready to move back, you can file i824 to have the approved i130 transferred to NVC for consular processing. 

[Chancy 6,233]

9 minutes ago, arken said:

I130 remains valid if approved. When he is ready to move back, you can file i824 to have the approved i130 transferred to NVC for consular processing. 

 

Seems OP's husband is adjusting from K1 visa, so no I-130.  Need to start from scratch with I-130 submission.  Can't file I-824.

 

Edited July 29, 2022 by Chancy
typo

[Crazy Cat 39,218]

9 minutes ago, arken said:

It seems he will be going for a bit longer.

 

Best to withdraw i485 to avoid complication if he is gone for a good time. I130 remains valid if approved. When he is ready to move back, you can file i824 to have the approved i130 transferred to NVC for consular processing. 

After looking at the timeline, it appears the marriage took place within 90 days after entry, so an I-130 hasn't been submitted yet.  

[cararyn 12]

1 minute ago, Crazy Cat said:

After looking at the timeline, it appears the marriage took place within 90 days after entry, so an I-130 hasn't been submitted yet.  

Yeah we are in the AOS process, and came via the K-1 (I-129) so we never submitted an I-130.

[arken 4,197]

2 minutes ago, Chancy said:

 

Seems OP's husband is adjusting from K1 visa, so no I-130.  Need to start from scratch with I-130 submission.  Can't file I-824.

 

 

1 minute ago, Crazy Cat said:

After looking at the timeline, it appears the marriage took place within 90 days after entry, so an I-130 hasn't been submitted yet.  

Oh it's AOS based on K1. Agreed. Will need to start with i130. 
 

 

[Crazy Cat 39,218]

Just now, arken said:

 

Oh it's AOS based on K1. Agreed. Will need to start with i130. 
 

 

Might be a good idea for the OP to start the process soon after the spouse exits the US...  if the relationship is bona fide.

[Chancy 6,233]

33 minutes ago, cararyn said:

my husband wants to go home to his country for a bit but we don't have his AP or Green card yet.

 

Another option is to try for emergency AP.  Unlikely that it will be granted, but might be worth trying than starting over with a spouse visa.

 

Call USCIS, ask for "InfoPass", say you need emergency AP, attend InfoPass appointment, and hope for the best.

 

[arken 4,197]

5 minutes ago, Crazy Cat said:

Might be a good idea for the OP to start the process soon after the spouse exits the US...  if the relationship is bona fide.

It seems OP is unsure at this time if her husband will return. Going home for a bit in the middle of AOS is surprising. Provided the marital relationship will continue, OP can even file for i130 now OR her husband could even try coming back on AP if it's issued before they deny AOS, then file a new i485 if successfully paroled in.

Edited July 29, 2022 by arken

[cararyn 12]

13 minutes ago, arken said:

It seems OP is unsure at this time if her husband will return. Going home for a bit in the middle of AOS is surprising. Provided the marital relationship will continue, OP can even file for i130 now OR her husband could even try coming back on AP if it's issued before they deny AOS, then file a new i485 if successfully paroled in.

It's complicated as I am sure everyone has experienced with their own immigration journeys. He's depressed, fed up with all the limits of the K-1 and his mom is not in good health back home. If I could do this all over again, I would've started with spousal visa but we made the best choice for us at the time. 

[arken 4,197]

36 minutes ago, cararyn said:

It's complicated as I am sure everyone has experienced with their own immigration journeys. He's depressed, fed up with all the limits of the K-1 and his mom is not in good health back home. If I could do this all over again, I would've started with spousal visa but we made the best choice for us at the time. 

Agreed. May be it's a good idea then to wait for a while after he goes to his home country. Only after you both feel a bit comfortable to move forward together, then may be file i130. You both need to be aware that it may take up to two years after filing i130 to start living together again in the US. You don't want to waste time and money for i130 just to do end up doing nothing later the way this AOS is heading toward.

[Ontarkie 13,915]

His mom's health might qualify him for emergency AP. 

 

Also if you think working would help him try to get a job offer  and he can try to get the  EAD expedited. 

[SalishSea 16,770]

1 hour ago, cararyn said:

Long story short, my husband wants to go home to his country for a bit but we don't have his AP or Green card yet. I know that if he leaves without receiving either, we are abandoning the AOS application altogether. If in the future he wants to come again, does that mean we have to fill out the I-130 form and start all over? The weird thing would be that we have a marriage license from the US. Not sure if that would make a difference or not. Thank you. 

He can leave, and abandon his process.   If he wants to come back and live here, you’ll need to petition him for a spouse visa.