David Mpoyi

Thank you everyone for your suggestions. That is what I am going to do. Withdrawal the I485 and try to submit for spousal visa.

I phrased that wrong. I had already submitted the AOS paperwork. I was waiting on the response when she left. That is before she got the EAD.

Thank you everyone for your suggestions. That is what I am going to do. Withdrawal the I485 and try to submit for spousal visa.

Make sure you understand the wait times and the process, plus have your wife on the same page with you before you file anything. Good luck.

Thank you everyone for your suggestions. That is what I am going to do. Withdrawal the I485 and try to submit for spousal visa.

I phrased that wrong. I had already submitted the AOS paperwork. I was waiting on the response when she left. That is before she got the EAD.

I have not done either. I am going to start on that process as soon as possible. I have to reply to the AOS RFE by march of this year. The best route will probably getting a lawyer

Unless you get her back here …and file I-130/I-485 again …no matter how much you pay any attorney and no matter what you respond ,  it will be denied for abandonment. 
 
Since baby cannot travel w his mom, and I doubt you can manage getting yourself added to birth certificate and a successful CRBA until March, take a different approach now.
1, File I-130 online / consular process, today. The good bit is that she will get a 10:yr green card at the end of the road. You have everything you need to file it.
2. Have her start process to add you to baby’s birth certificate ( maybe get help from local attorney)
3. Download CRBA and start putting together proof you have lived in US 
 
Plan for a few trips to be w your family and reconnect..if it’s meant to be time won’t separate you. 

 

Honestly that is a valid question to ask. But we have in contact and what makes this process  difficult is that there is a child involved. She left when she was pregnant.

@Family get in here before the lock.
 
The prime directive is to avoid misrepresentation. That's a life time ban. The second directive is to avoid removal: a 5 year ban.
 
To the latter this  is where CBP pre clearance is your friend.
 
If she attempts to come to the USA,  she should attempt to enter at a CBP pre clearance airport and inform CBP that she had a pending I-485, she left before AP was approved, and now is seeking to join her spouse.
 
If CBP doesn't admit her, no harm no foul: she won't be on U.S. soil so she doesn't risk a removal which carries a ban.
 
If CBP admits her, then I would get a one hour consult with a lawyer to get an opinion as to whether the I-485 is alive or dead.
 
* If alive, great,  I would hire the lawyer for rest of the process (all the way to N-400) and ask the lawyer to send a letter advising USCIS as to what happened with the beneficiary leaving the U.S.
 
* If dead, then ask the lawyer  whether she can file I-485 or not. The question is does entering on an AP / "pending" I-485 that you think you might have abandoned, constitute immigration intent? One can argue it either way. If the lawyer says file a new I-485 then hire the lawyer to do so, making sure to note that there was a previous I-485 and why a new one is being filed.
 
* If the current I-485 is dead and the lawyer thinks a new I-485 is a waste of time, then file I-130, and leave immediately.
 
I actually know of a case like this, and CBP admitted the AP holder. I don't know what happened after that.

Even if she is, somehow, paroled back into the US, her Adjustment of Status was abandoned.  It will be denied at the interview or later.  

Technically, she abandoned her AOS by leaving before receiving Advance Parole. In the past the trick of mailing AP would have worked, but it may not work nowadays. My intuition tells me she can try come on AP. However, I'd wait for more input from experienced members of the forum.
 
Was she in status when she left? If she overstayed, she may have accrued bar from entering. 
 

Check my profile and timeline, we successfully completed the CR1 process last year after abandoning AOS from a K1.
 
I went ahead and sent a letter (to the address on the I-485 NOA) notifying USCIS that my wife had left the country (attaching documentation of this such as the I-94 travel history) and that we would instead be pursuing the I-130/CR1 route. My reasoning for doing this was to ensure that no one wasted any more time reviewing the AOS paperwork while I gathered additional evidence for the new petition.
 
Whether due to my reaching out or not, USCIS sent a letter addressed to my wife within two weeks notifying that the application was denied and citing the relevant statute.
 
I included both my letter and the USCIS reply as "unsolicited evidence" (i.e. evidence uploaded after the petition is submitted that USCIS may not necessarily review) when filing the I-130 online.

Thanks again. I am just at a loss of where to go next to this process. Could calling the USCIS and explain the reason why she left so abruptly help?
 

No, why would it?

Employer's letter. Paystubs.

Mary had her interview this morning in Phoenix.  It took about five minutes after waiting about an hour.  I was outside in the car and she called me crying; I thought some disaster happened.  Took about 45 minutes then she and 5 other were naturalized.   
 
We have a trip to London next week so the only Passport Offices with openings are Honolulu, San Juan and El Paso!  We will work on reacquiring her Filipino Citizenship when we return.
 
Thanks for all the support!

As far as I'm aware, only Montreal handles family based immigration and fiance visas, pre covid and post covid.  I will defer to the many Canadian VJ'ers to confirm or correct me.
 
There is a chance your timing may work.  However, please do NOT let others interfere with your immigration process.  It is not very complicated, but immigration has to follow a precise set of rules and guidelines to be completed successfully.  None of your friends or family have to deal with the Department of State and Homeland Security like you will need to.  Do not let them torpedo this stage of your lives.
 

OP, you are welcome to message me for my contact information if you are interested in a quick Vegas wedding. Can get everything done in under an hour usually. I have done many marriages for VJ members, and I don't charge for my services.

I woke up with my case being approved! Thankyou!!❤️🙏🏼

Thank you for your response! Everyone’s posts have helped us to stay positive. I am with him now, and the ceremony is next week, so proving that we have been together after the ceremony won’t be an issue. I’m actually going to extend my stay for an additional month too. So excited! 

M’y fiancé and I were separated for 14 months and I can tell you it ain’t easy. I went thru all type of emotions, sadness, cries and all. I totally understand you. I’m still separated from him. We are waiting on our visa :( good luck and stay strong!!! 

I'm so sorry you are going through this. I have been separated from my love for almost 2 years and it's very hard. The best advice I got from another couple that's been through this is to try to find beauty in your life now. It may not be the way you want because your partner is not here, but if that's all you focus on you will get discouraged and depressed. Enjoy your hobbies, spend time with good friends, soak in the little things that you enjoy like your morning cup of coffee. It sounds hokey but finding joy in other things is so important when there's one aspect of your life (the separation) that is frustrating and beyond your control.
 
Take a break from the Facebook groups and even VisaJourney (sorry, y'all!) if you need to. It's a great place for collective support and advice but I think sometimes we also start to carry each other's immigration struggles or focus on our own to much when we spend too much time in these online communities. 
 
Lastly, if you can find creative ways to engage with your partner. I don't know what limitations exist with him being in the military, but my fiancé and I have a show we watch together, we read a book together on marriage and discussed it and sometimes we pick a recipe and cook it at the same time and then "have dinner" over the phone. Writing letters can be another fun one.
 
Best of luck to you, dear. I hope you are reunited with your loved one soon. 
 
Also, I saw in one of your comments that you are planning on applying for the K1 the next time you two are together. If I can give you my two cents, it might be worth it to at least start the prep work now. My fiancé and I decided not to wait til we were together to apply because with the border closures we had no idea when that would be. I (American fiancé) filled out all the forms and he scanned/emailed me his documents. Nine months later (with borders still closed) we think we made the right decision -- we would have lost a lot of time. The backlogs at USCIS and the State Dept. are growing longer, so it might be worth it to "get your spot in line." Of course I don't know all the details of your situation, so do what's right for you!

Would that not make me wait even longer for her to get a visa?