AP16

Well, updating everyone, I will hire an attorney. I an a attorney myself, although not graduated on the American legal system, and I think this is no longer a DIY case. I can't come back right now anyway, so it might be some time before I update this thread again. I hope that, at the very least, I don't get in trouble. 

Thank you all.

21 minutes ago, MaleAlpha said:

 I agree the dates would clarify the issue. If the resident since date is before or same day as OPs travel date, the green card Is valid and OP can use it. If the resident since date is after, it may fit into abandonment In which case, I recommend OP talks to USCIS etc.

 

Until we know the dates, everything being said on this thread is speculatory and doesnt hold weight.

Unfortunately the date is after. I left on October 3rd, the date on the card is December 1st.

Thank you everyone for all the help. I Just  wanted to clarify this issue, and I can guarantee that I will do the the right thing and I understand It's perfectly fair. I will talk to USCIS for further instructions. 

Regarding my departure, I had to leave. Anyone in my place would have left too, I'm sure. But I had an idea of what that meant.

Thank you all!

45 minutes ago, NikLR said:

No i didnt say YOU were complaining. But had you been on here as long as I have  would know how many of these threads we see. I also wasn't judging just a statement.  

Pursue the CR1 if you want to live here again.  Anything else would be fraud. 

And I'm sorry if I was rude, didn't mean to. I'm just frustrated because this situation is not my fault. But It's not the USCIS fault either, so my only option is to deal with starting the process all over.

Thank you for answering.

38 minutes ago, NikLR said:

No i didnt say YOU were complaining. But had you been on here as long as I have  would know how many of these threads we see. I also wasn't judging just a statement.  

Pursue the CR1 if you want to live here again.  Anything else would be fraud. 

I can only speak for myself, and I had to leave at that time. I don't know about others. 

18 minutes ago, NikLR said:

My grandfather died while my mother was in Ireland.  She stayed there because it made zero sense to spend 3k on a round trip ticket for a funeral.  She was able to say good bye and watch the funeral via skype.  You may consider this inappropriate or heartless but I considering it using logic and common sense. 

My child lives in another country.  I purposely chose the CR1 visa so I could travel for an emergency.  We all make choices.  You have to live with yours. 

Do you see me complaining saying that It's unfair? I am living with my choice. You don't know why I left, and that is why I asked to not be judged. I had no choice and it wasn't my fault, I can assure you that. 

Thank you to everyone who actually helped.

2 hours ago, Jose Michelena said:

I will never understand whyyyyy people do that.

Sometimes, for some people, there is no choice.

1 hour ago, NigeriaorBust said:

  The may or may not part is dependent on having AP.  You can leave before it is approved and return if you have a parole approved prior to your departure.    I am not aware of any parole that would be obtainable having already left.  The card was issued in error ( they hadn't detected your departure )   and is invalid because of that.   

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

Well, I'm reading here the USCIS website, and it states that my application is considered automatically abandoned if when I left I was applying to extend the period of nonimmigrant stay or to change the status to a different nonimmigrant status. It clearly states that when adjusting for Permanent Resident my application may or may not be considered abandoned.

I understand that you guys know a lot more about it than me, but it just seems confusing at this point. 

Just now, NigeriaorBust said:

 Did you have AP when you left ? 

No I didn't

5 minutes ago, geowrian said:

There shouldn't be any ban based on your timeline...at most you had a few days of overstay before filing for AOS (and unlawful presence doesn't accrue once you properly file for AOS). A ban kicks in at 180+ days of unlawful presence.

But there is no way I can use my Green Card then?

3 minutes ago, Boiler said:

Should be returned and pointed out that you abandoned the process when you left.

There is no way I can still use this Green Card? And even if It's returned, will I trigger a ban or something?

3 minutes ago, missileman said:

Do you want to return to the US to live?

Well, yes, I would like to. But isn't that wrong?

What should I Do? 

I left the country without AP in the middle of the AOS process (I had to, please don't judge). Today my wife received my Green Card, no interview. I thought the AOS would be automatically cancelled once I left. What do I do now? 

9 minutes ago, pushbrk said:

Yes.  Too bad.

It's ok. I'll do what has to be done. 

Thank you sir.

1 minute ago, pushbrk said:

This depends on two things.  If you've already done your biometrics, your spouse can send the EAD card with Advance Parole noted on it.  Then, you only have to worry about getting back for the AOS interview.  Just don't try to come back until the Advance Parole is in hand.

 

If you left before doing the biometrics, then starting over is what you do.  Just explain, as needed and no problem.

We never applied for AP. I have my EAD Card with me, but not valid for reentry. The solution will really be to start over.

Just now, aleful said:

yes of course

 

the officer at the interview will have your file with your petition started in the US, he or she could ask you why. it is possible

 

 

Yeah, he probably will. 

Well, I have no problem answering that. My plan is to live here in my country with my wife for a bit and then apply for CR1 through DCF.

1 minute ago, aleful said:

hi

 

the officer will probably ask, just explain why and start over from scratch

 

 

You mean at the interview right?

Hello folks. I think the title is self explanatory. Will leaving the country in the middle of AOS being processed cause me trouble when applying for CR1? I don't think I did anything wrong, although I know my current AOS application is considered abandoned.

OBS.: Please don't judge. I had to leave on short notice for personal reasons.

Does anyone think it will affect AOS from K-1? 

2 hours ago, usmsbow said:

Yes, although it is uncommon for law schools to do so. More common with other grad school programs. That being said, if your LSAT was really high and you were admitted to an average law school (or worse), there is a chance they'll offer you at least some funding. Regardless, it is worth checking into. 

 

Also, many universities let you defer for up to a year. Meaning, if you can't start the next semester, the school probably will allow you to start the next one, or following one. 

 

 

No, not if it is a federal student loan. Getting a student loan in general is one of the easiest things in the USA. Getting a credit card is harder. One reason is you're basically stuck with that student loan, even if you declare bankruptcy. 

So you think it would be possible for me to geat a student loan at all? Like a private one, at least.

3 minutes ago, Roel said:

Also, as a new resident in the US - it's going to be hard for you to get any loan. Just sayin'. I managed to get a credit card only after 2 years of being a legal resident. And the $$$ limit was really low.

I can get a US citizen to co sign. There should be no problem.

1 minute ago, f f said:

have you even reached out to the admissions office at all to see if they can help you?

Can the school itself provide any kind of financial aid?

Sorry, I'm not familiar with how graduate schools work here in America.

Just now, f f said:

have you even reached out to the admissions office at all to see if they can help you?

Not yet, I received the acceptance notice late on Friday. I don't even know if I will get a scholarship yet.

1 minute ago, f f said:

if it is that bad of a loss have you tried delayed starting a semester? you at least have to try to mitigate the loss if you want uscis to consider expediting.

Is that even possible? Enroll and start in a different semester?

10 hours ago, Roel said:

Uscis will probably tell you to apply again later when you have your green cars. You got admitted once, you'll get admitted again. 0 chance for expedite. 

No way I am going to miss the opportunity. I am graduated in law in my country and left my career to get married, can't wait to start practicing/studying law again. If I can't get FAFSA, I will most likely get a private loan.