Just wondering if anyone out there has been in a similar situation

[UbiquitousPixie 0]

Hello. I am in the US and my husband is a UK citizen. We were married in Las Vegas in Nov. 2005 while he was here on a K1. After we married he never applied for AOS and in Jan. 2006 he went back to the UK without getting parole (long story behind that, but I'll spare you. You might of seen my thread in the K1 forum). Now we're weighing our options and more then likely he'll come back here on a K3 if that's even possible. I'm just wondering if anyone out there has been in a similar situation and wouldn't mind me asking them a few questions?

Thanks.

Ally

[Gigiola 0]

Strangely enough I have a friend in a similar situation so would be very interested in any replies.

In this situation, the UKC entered on a K1, the couple married and they DID send in all the pertinent papers for adjustment of status. The marriage fell on rocky times and they decided to divorce. The divorce was not completed but they didn't attend the interview. When the letter arrived telling the UKC that he should leave the country he was already gone.

The couple want, sincerely, to rebuild their marriage and will, most likely, decide to start over as their old case is probably too far along the admin route to ask for it to be reconsidered. Also the USC has been informed that he can't visit on a visa waiver.

Possible K3 .. possible IR1.

Any input would be welcome.

[pri 0]

it is a bit complicated the USCIS would need reasons why the AOS was not filed and how did he leave without Advance parole..

I would recommed an attorney for this case

[UbiquitousPixie 0]

Strangely enough I have a friend in a similar situation so would be very interested in any replies.

In this situation, the UKC entered on a K1, the couple married and they DID send in all the pertinent papers for adjustment of status. The marriage fell on rocky times and they decided to divorce. The divorce was not completed but they didn't attend the interview. When the letter arrived telling the UKC that he should leave the country he was already gone.

The couple want, sincerely, to rebuild their marriage and will, most likely, decide to start over as their old case is probably too far along the admin route to ask for it to be reconsidered. Also the USC has been informed that he can't visit on a visa waiver.

Possible K3 .. possible IR1.

Any input would be welcome.

Similar situation here although we never started any divorce or annulment process. We never received a letter stating my husband had to leave or couldn't come back on a visa waiver although I suspect he can't. If anyone knows different please let me know as he'd like to come back for a week or two before we start the k3 process.

I haven't talked to a lawyer yet but from what I've read I don't think there is any circumstance where the K1 would be reconsidered after the UKC has left the country without getting parole.

Ally

it is a bit complicated the USCIS would need reasons why the AOS was not filed and how did he leave without Advance parole..

I would recommed an attorney for this case

Yeah, unfortunately I think I will be needing an attorney. He did not file for AOS because we were arguing all the time and just didn't do it. It was all finished, just never mailed in. As far as how he left, he just got on a plane and went. No one questioned it.

Ally

[Jasman0717 9]

I think there has been several on this board posting about a similar situation so hopefully they are still members and can give you some advise. Good luck

[aussiewench 9]

Many people leave for various reasons without adjusting status or getting AP. You are now married and living apart in two different countries. You can now file for a spousal visa.

Was he out of status when he left? I am imagining so.

Answer question 13 on the I-129F for petition previously filed. On a seperate attachment sheet explain the circumstances of what happened, and sign it. Answer all relevant questions re the I-130 & I-129F. You really shouldn't have any issues Ally. Just be totally honest with them. They may question a little more or they may not.

Lorelle

Edited February 6, 2006 by aussiewench

[Kelly and Ian 0]

I think there has been several on this board posting about a similar situation so hopefully they are still members and can give you some advise. Good luck

hello im kelly and my other half is Ian, so do you think we should start all over with this process or should we try to re-open this case. my understanding is that everyone thinks we should file for a k3 visa now. we have tried one immagration lawyer and we could have done what she had done and wouldnt have had to pay out all that money. we do have another lawyer at the time but things are moveing very slow. all your suggestions are helpful.

[aussiewench 9]

hello im kelly and my other half is Ian, so do you think we should start all over with this process or should we try to re-open this case. my understanding is that everyone thinks we should file for a k3 visa now. we have tried one immagration lawyer and we could have done what she had done and wouldnt have had to pay out all that money. we do have another lawyer at the time but things are moveing very slow. all your suggestions are helpful.

Kelly, start another thread with your individual info and question as it would be much easier and you are more likely to get more response.

Lorelle

Edited February 6, 2006 by aussiewench

[daisy16 0]

I agree with Lorelle, you are starting over again, basically and instead of filing the fiance visa it is now the spousal visa. I don't believe you NEED a lawyer just because you are refiling.

[Gigiola 0]

Hi Aussiewench,

I think Kelly proabably posted here because she is the friend I was referring to above.

[UbiquitousPixie 0]

Many people leave for various reasons without adjusting status or getting AP. You are now married and living apart in two different countries. You can now file for a spousal visa.

Was he out of status when he left? I am imagining so.

Answer question 13 on the I-129F for petition previously filed. On a seperate attachment sheet explain the circumstances of what happened, and sign it. Answer all relevant questions re the I-130 & I-129F. You really shouldn't have any issues Ally. Just be totally honest with them. They may question a little more or they may not.

Lorelle

Thanks Lorelle...do you know if I put "recission" down for question 13?

Also, do you or anyone else know if there is anyway he can come back for a visit (even just a few days) before he moves back?

Ally

[aussiewench 9]

Hi Aussiewench,

I think Kelly proabably posted here because she is the friend I was referring to above.

Okies

Kelly, the same would apply to your situation as for the OP. The only difference is that as the AOS paperwork was filed, interview date assigned and there was a no show, your case would of been deemed abandoned. It by no means stops you from petitioning again now that you are married and applying for a spousal visa. Just answer the relevant questions on the forms and give an explaination in an attachment sheet.

[aussiewench 9]

Thanks Lorelle...do you know if I put "recission" down for question 13?

Also, do you or anyone else know if there is anyway he can come back for a visit (even just a few days) before he moves back?

Ally

The question refers to the petition, Have you ever applied for this or other fiance, husband or wife, which would of been the I-129F and that was approved. On a seperate attachment sheet you would detail the events with an explaination of what happened.

As for visiting IMO no if its the VWP, but others may know more in that respect.

[diadromous mermaid 36]

Just wanted to point out that, depending upon where one was in the process, "starting over" might not be "starting from the beginning".

[meauxna 15]

Also the USC has been informed that he can't visit on a visa waiver.

I can't think of any legal bar to using the VWP in that situation. The obsticle is overcoming immigrant intent at the POE.

The usual proof PLUS the kitchen sink PLUS evidence of their legal immigration moves might be enough.

Or not