Denied I-485, Approved I-130?

[lswedish 0]

If only I knew then what I know now.

Our Attorney told us that it would be "no problem" leaving the country and that if the I-131 (AP) did not arrive before we left, they would send it to us and, although there was a risk it would not arrive before we planed to come home, they thought we had plenty of time to receive it before our planed return. Now I am home without my wife, and after a week on the phone talking to anyone that would listen I need some REAL answers.

Our current story in a nutshell is this:

Maria originally entered the country from Sweden on a H2B, then we applied and recieved a b1/b2 visitor visa and for the last 2 years she would enter on the b1/b2, change status to the H2B when her job would start (she works for a seasonal employer) change back to the b1/b2 after the season, and then go home for a month or two and then start over.

We got married in the US on June 21, 2008 (we were engaged August 1, 2007 and made plans to get married in Sweden in August of 2008...we talked to an immigration attorney to see what paperwork we needed to get started in June, and the attorney suggested the best thing to do "is get married in the US, now" and get the paper work started immediatly).

We filed the paperwork on July 3 which included: I-130, I-485, I-131, I-765 with all fees and supporting documents. We received the Notice that all of the forms were received, and the checks were cashed. We got the ASC appointment Notice for biometrics, and completed the biometrics. We had already bought tickets to and planned a wedding in Sweden, invitations sent, lodging arranged, etc. etc. So it was not a total loss, we decided to make the trip our Honeymoon and have a great party (besides we should have the 131 before we left, and if not receipt should be eminant). We started to worry about a week before we were to return and still did not have the 131...we cancelled Maria's ticket and I came home alone. Now after a week on the phone and hearing "any day now" over and over we have heard that the I-130 was approved on 09/19 and will be sent to the NVC, but the I-485 was conciderd "abandoned" when Maria left the country without Advance Parole and will be denied (notice to follow).

Now Maria is stuck in Sweden (don't get me wrong, Sweden is a nice place, however, we would rather be togeather) with no place to live, no job, and only summer clothes (Remember...we went to Sweden on our Honeymoon for vacation) We can make due for a while, but we need to resolve this as soon as possible.

Finally...My question is this: What do I do now? What kind of Visa will get her back home, so we can wait out the rest of the process togeather? And how long should I expect the proccess to take?

[S and S 12]

Unfortunately, until her spouse visa is approved, I don't believe there is any way for her to come back to the United States. They will not even let her in on a tourist visa at this point. I don't know of any loopholes, but maybe someone else does.

Good luck in getting your case finished quickly.

[STEPHnRIA 2]

She shouldn't have left US when she didn't have her greencard yet. I think you need to apply for spousal visa. Check the timelines here in visajourney. It could be from 6 months to a year. Depends.

[Thai family 0]

Study Loto's shortcuts for the NVC. You should have everything needed on hand already for the CR-1. Check the embassy info specific to Sweden. If the I-130 is already on it's way to the NVC there is no reason it should take more than six months unless you get stuck. Being meticulous usually avoids that problem. You might want to go it without an attorney, as they'll just slow the process down and you don't need anymore bad advice. No one cares as much about your case as much as you do.

So sorry this happened to you.

Thai Mom

[tanyaru 3]

If only I knew then what I know now.

Our Attorney told us that it would be "no problem" leaving the country and that if the I-131 (AP) did not arrive before we left, they would send it to us and, although there was a risk it would not arrive before we planed to come home, they thought we had plenty of time to receive it before our planed return. Now I am home without my wife, and after a week on the phone talking to anyone that would listen I need some REAL answers.

Our current story in a nutshell is this:

Maria originally entered the country from Sweden on a H2B, then we applied and recieved a b1/b2 visitor visa and for the last 2 years she would enter on the b1/b2, change status to the H2B when her job would start (she works for a seasonal employer) change back to the b1/b2 after the season, and then go home for a month or two and then start over.

We got married in the US on June 21, 2008 (we were engaged August 1, 2007 and made plans to get married in Sweden in August of 2008...we talked to an immigration attorney to see what paperwork we needed to get started in June, and the attorney suggested the best thing to do "is get married in the US, now" and get the paper work started immediatly).

We filed the paperwork on July 3 which included: I-130, I-485, I-131, I-765 with all fees and supporting documents. We received the Notice that all of the forms were received, and the checks were cashed. We got the ASC appointment Notice for biometrics, and completed the biometrics. We had already bought tickets to and planned a wedding in Sweden, invitations sent, lodging arranged, etc. etc. So it was not a total loss, we decided to make the trip our Honeymoon and have a great party (besides we should have the 131 before we left, and if not receipt should be eminant). We started to worry about a week before we were to return and still did not have the 131...we cancelled Maria's ticket and I came home alone. Now after a week on the phone and hearing "any day now" over and over we have heard that the I-130 was approved on 09/19 and will be sent to the NVC, but the I-485 was conciderd "abandoned" when Maria left the country without Advance Parole and will be denied (notice to follow).

Now Maria is stuck in Sweden (don't get me wrong, Sweden is a nice place, however, we would rather be togeather) with no place to live, no job, and only summer clothes (Remember...we went to Sweden on our Honeymoon for vacation) We can make due for a while, but we need to resolve this as soon as possible.

Finally...My question is this: What do I do now? What kind of Visa will get her back home, so we can wait out the rest of the process togeather? And how long should I expect the proccess to take?

You cannot go I-485 route any more because she left US without Advanced Parole and cannot come back now to finish AOS. She needs to withdraw I-485 not to wait for deniel. You need to figure out how to go CR-1 route from here. Like another poster said since your I-130 is approved that should not take very long.

I`m sorry, I hope it all works out soon. Good luck.