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BT24

Leaving the country before AOS interview

By BT24 in Effects of Major Family Changes on Immigration Benefits

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BT24 Newbie

BT24   0

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My wife came here from the Philippines on a fiancé visa.We have since divorced and she filed for Adjustment of Status on her own.She has decided she wants to return home permanently and be with her family.Does she need to do anything to let USCIS know that she no longer wants to continue with the AOS process or can she just go home and not inform them? She wants to do it the right way.Any help would be appreciated.Thanks.

Crazy Cat Grand Master

Crazy Cat   41,976

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

On her own???  This doesn't involve you.  Her leaving the US will, likely, automatically abandon her adjustment of status...unless she has an approved advance parole document..  She should be asking her attorney this question.

Edited by Crazy Cat

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

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

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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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Crazy Cat Grand Master

Crazy Cat   41,976

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
51 minutes ago, BT24 said:

It does involve me cause she’s living with me and her attorney is not responding to her messages so Im trying to help her find the answers she’s looking for.If u don’t have anything useful to say,then don’t comment…..

First of all, it is a violation of the terms of service here on VJ to tell others not to post.  We are all free to comment, as you are free to ignore comments. Secondly, I answered your questions. .. ..she will, possibly, abandon her AOS.  Her attorney should know this.  She can just leave. But as @Boiler has said, she can contact USCIS . 

Edited by Crazy Cat

"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.

______________________________________

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.. 
 

Boiler Grand Master

Boiler   45,656

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Filed: K-1 Visa Country: Wales
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Posted (edited)
11 minutes ago, BT24 said:

It does involve me cause she’s living with me and her attorney is not responding to her messages so Im trying to help her find the answers she’s looking for.If u don’t have anything useful to say,then don’t comment…..

VAWA presumably

 

She can just write to the address given on her receipt and notify them she will not be proceeding 

Edited by Boiler

“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.”

Family Mentor

Family   4,025

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3 hours ago, BT24 said:

Does she need to do anything to let USCIS know that she no longer wants to continue with the AOS process or can she just go home and not inform them? She wants to do it the right way.Any help would be appreciated.Thanks.

She can write a simple letter saying she wants to withdraw the I-485 and will be returning to home country. Sign mail it to address on I-485 receipt and if she has online account, she can upload it. 
Divorce sucks ..for both parties. Sorry it didn’t work out
 

Loren Y Proficient

Loren Y   2,755

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Filed: Citizen (apr) Country: Thailand
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Posted

Just send a letter as others have said. reference her name and case number and that she is withdrawing the I485. It's Sunday now, she can write the letter and drop it in the mail on the way to the airport. Better still drop it directly at a post office, and use priority mail so she gets a delivery receipt.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Boiler Grand Master

Boiler   45,656

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Filed: K-1 Visa Country: Wales
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Posted
20 minutes ago, Noname93 said:

VAWA while still living with the ex spouse? That probably wouldn't have been approved anyway.

It does complicate matters

“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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