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On 1/22/2019 at 1:30 PM, LMBZ said:

Got it! Household Size = 3

 

Joint sponsor's income is above the minimum requirement and we're only reporting his own income on I-864. So, we left items 8; 9 and 10 as the print screen below.

 

In this scenario, his wife still required to fill I-864A?

 

Thank you!

Did you have to file an I-864a for his wife in the end please? I am in the same position as you were!

Thanks

1 hour ago, Boiler said:

I assume you will need a medical.

So I did one after filing I485, but I'm assuming this will no longer be valid if we make this switch?

On 11/18/2021 at 9:05 AM, Boiler said:

I have only seen, and helped a friend switch from Consulate processing to adjusting, I assume it is the reverse withdraw your I 485 but am going to leave others to confirm. Does not seem very common.

Thanks, do you know when this should be done; ie before or after leaving the US? Are there any other files that have to be submitted for Consulate Processing? Ie we have submitted I485, I765, I130, I864, Adv Parole, G28; we just wish to retain the I130 as CP, withdraw the other EAD/AP, but are there any forms we have to complete? Can we continue to use our same I864's/G28 for example?

On 11/18/2021 at 11:11 AM, HRQX said:

Ok, so after you leave the US withdraw the I-485: https://fam.state.gov/fam/09FAM/09FAM030211.html

 

Also your USC wife should call USCIS and ask for a Tier 2 so that the I-130 can be switched to consular processing.

Thank you for this; does that mean I won't be considered an overstay?

5 minutes ago, Boiler said:

EAD/AP has been taking 8 months or so with individual variances, and has been that sort of timeline for sometime. The future well who knows but all we have is the past to go by.

 

Presumably you entered on the VWP.

 

Are you aware of the UK Immigration requirements? The main issue seems to be sponsorship, UK does not allow joint sponsors.

Yeah another 6 months isn’t going to work. Something I should have known in hindsight so my mistake.

Yes VWP

I’d plan on securing a job in the UK before I withdraw the AOS so I can apply for the spouse visa and she can join me asap. Will exceed salary threshold ok to be sole person. More concerned about withdrawal implications on CR1 and return visit to US to come back to UK with her.

1 hour ago, Boiler said:

Where is there?

 

Can not see a timeline and a lot depends on that.

 

Switching to Consular processing should not be an issue.

 

Visiting? certainly could.

The UK. 

Submitted AOS paperwork 3 months ago, been told it will likely be another 6 for EAD based on an attorney stated they are seeing amongst their other clients.

Is this just the case of a written letter to USCIS, or a specific form? Don't think I can use form I824 as I130 not yet approved.

Would need to get my wife a UK spouse visa for the length of time we are likely going to need to be in the UK. Shouldnt be a problem

Hi all. My USC wife and I are thinking of withdrawing our 3-month-old AOS application and switching to consular processing and file for a CR1 in my home country, due to the length of time it is taking and the pressures that it putting on us as a couple. We were thinking of moving back there together and living together there until the I-130 is processed.

Could anyone please advise if:

• Would we be able to withdraw the AOS I-485 and have the currently unapproved I-130 switched to Consular Processing for a CR1 visa? If so, are there any implications for this? 
• Would there be any implications on me for withdrawing AOS as, at present, I am technically out of status? Does AOS provide this protection? Obviously if we chose to do this, I would leave the US immediately. Would I be subject to any bans/bars given I was in status when we filed AOS, but now out of status? I would need to return to the US to help her move belongings to be with me, and want to make sure this is possible.
• If not, is it possible for us to move away from the US but file a withdraw AOS AND file a new I-130 before we go such that the process can continue whilst we are there, and if and when the CR1 is approved, we return to the US? 
• As my wife would be in out of the US with me, once we get to the embassy stage, is her intent to return to the US with me sufficient along with a sole joint affidavit sponsor (her family), or does she need to be in the US?

I guess we aren't the first this has happened to, and I suppose this would be a similar situation to a US citizen who has lived abroad for a long time who wishes to return with her spouse; we just don't want to be apart for a protracted period of time. Any similar stories or guidance would be appreciated, thanks.