Applied for I-130/I-485, Left to go to live in Spouse Country, want to come back!

[sellymac 0]

Ok this is a long story....

I live in Florida. My boy friend came for a visit back in Christmas of 2005. He asked me to marry him on New Years. I said yes, and that was it. We go married on 1/7/06. We didn't want to wait. I didn't want him to leave. So we applied for the I-130 and the I-485 at the same time. We waited and waited. Had an interview. They did fingerprints on him twice. Waited waited. His passport expired, so we had to send off for a new one, which you have to send the old one to. We had his work card, already had that. But we got a letter saying to come to another interview and bring all this paperwork. We where nervous, like everyone is. Worried that we didn't have his passport as well. So I wrote up a long letter, listed everything I was sending in and that we where waiting on his passport and to reschedule and appointment. They denied the reshedule, said it was not good enough pretty much, said we would have to reapply for everything within 30 days.

During that time his parents wanted us to come to Scotland to live. We applied for my VISA there, go it and left. They didn't like me. Lied about everything and kicked me out.

So now I am back in Florida, my husband is in Scoltand. I checked my CASE STATUS ON LINE and all it says is:

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed. (On September 26, 2006, we received your response to our request for evidence.)

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending. (On March 28, 2006, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case.)

I don't understand why our case is still pending or resumed process. I don't have any of the old paper work. The last update is 08/10/2008. I don't know what to do.

I know that I need to apply for the I-130, once I get a reciept I apply for the I-129F, then wait. What does he do on his end? Can I go ahead and reapply? I don't have any of the old paper work? Anyone have any suggestions? Do I need to clarify anything more?

This horrible for us. I mean I know others probably have rough sistuations. But my heart is breaking and I miss him so much.

Thank you for any help.

[Abby-Ron 8]

You will need to have to hire a lawyer or consult an immigration officer, as your case, doesnt seem normal...sorry, but keep your head up and good luck...

[Mononoke28 135]

Start by calling the USCIS and cancelling the AOS if they haven't cancelled it by now, I mean it's been two years and your husband is no longer in the States.

You will have to file for either a IR1 or K3 visa all over again. I'd recommend the IR1 so he can get his 10 year green card and doesn't have to file for AOS again.

As far as what he can do on his end? Nothing. The ball is in your court now.

Good luck!

Diana