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jeffthoma

Cancelling CR1 and AOS

By jeffthoma in IR-1 / CR-1 Spouse Visa Process & Procedures

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jeffthoma Newbie

jeffthoma   0

Posted
Filed: Timeline
Posted

Hey everyone,

I am a USC and my wife is from UK. We have applied for CR1 and she is in US with me at the moment on tourist visa. She came to go back after a while, but now after living with her, I am very reluctant to let her go back. Can we just cancel the CR1 and apply for AOS from B2 visa? Is it illegal? She came with intention to go back, she has got car, insurances, mobile contracts, life insurances from UK.

thanks

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canadian_wife Grand Master

canadian_wife   1,808

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

With a pending immigrant petition, tough to prove she didn't have immigrant intent.

A denial is not appealable.

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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oohpartiv Proficient

oohpartiv   484

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Yeah, I think you'd have a tough time she had no intention to immigrate since you have a pending I-130 already filed. At this point, however hard as it may be, I would just recommend that she go back to the UK and wait out the NOA2. If you cancel the current petition and then are denied AOS, you might have a difficult time in future immigration attempts.

USC who lived in Manabí, Ecuador with hubby from 2009 - 2013. Hubby became a naturalized American citizen in August 2016. Currently living together in northern Virginia.

For full timeline, see "about me".

Latest Dates

N-400 Filing - 03/14/2016

NOA - 03/15/2016

Biometrics - 04/13/2016

In Line - 05/11/2016

Interview Notice - 06/03/2016

Interview Date - 07/11/2016

Oath - 08/29/2016

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UK-USA-K1 Rising Star

UK-USA-K1   128

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Hey everyone,

I am a USC and my wife is from UK. We have applied for CR1 and she is in US with me at the moment on tourist visa. She came to go back after a while, but now after living with her, I am very reluctant to let her go back. Can we just cancel the CR1 and apply for AOS from B2 visa? Is it illegal? She came with intention to go back, she has got car, insurances, mobile contracts, life insurances from UK.

thanks

This is just my take on it and NOT a LEGAL opinion. Bear that in mind please when reading.

Once you filed the paperwork for an immigrant visa, you declared intent to immigrate. They allowed her into the country on good faith that she would leave. It should be nearly impossible to not prove intent, since you had already declared such intent when applying for the CR1. I think it would be in your best interest to continue to be patient and follow the path you were originally on through it's conclusion.

my thoughts to you would be to contact USCIS and ask them if there is any type of waiver or anything you can legally do to have her stay here for the process, then follow what direction they point you in. It may not be the easiest thing to do, but who knows, they may have some type of waiver you can file to help in your situation. It won't hurt to ask, but it could hurt to overstay her current visa.

FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

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N-o-l-a Grand Master

N-o-l-a   7,167

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted

Usually people who change paths and stay are because something has changed - a pregnancy, a medical emergency, etc.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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