I-551 but studying abroad?

[Yodrak 7]

Faust,

Sounds like you're well on your way to being able to make some informed decisions.

It's nice to hear that you're a socially responsible person, guess I'll have to save my suggestion for how to afford a legal consultation for someone else!

Best wishes to you.

Yodrak

Faust,

First, let's be clear that I did not suggest that you get a lawyer to handle your case - I suggested that you get a lawyer's advice.

Second, the issue of abandonement is extremely subjective and highly case-specific. People who have faced the same issue have not likely faced it with the same fact pattern as you. Similar, maybe, but the devil is often in the details.

You are correct that a Re-entry Permit may be necessary but not sufficient. Your final question is a very significant one. As Boiler points out, a lawyer cannot give you a guarantee, but a lawyer who has experience with abandonment can give you far better advice than any newsgroup member.

(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak

Ah, okay... then I simply misread your intentions. Sorry for that, mea culpa

I barely drink any beer at all and actually live quite spartanic if that's what you ment to know. I'm not ashamed of where I come from, but I'm aware of my situation and therefor try to handle my expanses in a responsible way - that's all.

Nevertheless, do I see your point. Details can most certainly be tricky, and probably even require some special attention. And I guess I won't come around that certain question anymore of whether or not early residency is important enough for me to justify the expected costs. Always in relation to what I'd be faced with if I just waited a few more years, or at least until after the completition of my graduation. Boy, why is immigration such a pain in the ***? I feel like Nemo, and I just wanna go home

Not really the best way to handle this I guess, but what can you do...

[dmartmar 1]

You can remain outside the US on a GC for up to one year and up to two if you applied for a re-entry permit before you left the US. However, this assumes that you still keep a domicile in the US and have not abandoned your PR status. As long as your primary domicile is in the US, the above will apply to you.

What would then happen if someone going through an AOS process had to all of a sudden and unexpectedly leave the US due to a family emergency and/or event, without an approved Advanced Parole permit, thus basically abandoning the application, although before leaving, he/she;

1st) goes to the nearest/local USCIS office processing his/her AOS application, turns in all the paperwork related to his/her application to an officer and;

2nd) tells the officer he/she has no interest in ever coming back whatsoever, then;

3rd) voluntarily leaves the US and returns to his/her home country.

On the other hand, even though this person leaves the US and does the above, he/she still keeps a valid US address with the Agency, as well as an active bank account and from his/her home country pays taxes here.

Could this person come back (or allowed re-entry) if he/she states to the Agency that abandoning the AOS application was justified due to the family emergency and b/c of it, was done against his/her will? Would keeping a valid US address in the Agency's database, as well as a US bank account and filing taxes from abroad help his/her case? Is there a ban for abandoning the AOS application and if so, which one and for how long? If there was an overstay of only 30 days or so before sending the AOS application to the Agency, would it even be taken into consideration, if the person tried to come back to the US?

[Boiler 45,733]

You can remain outside the US on a GC for up to one year and up to two if you applied for a re-entry permit before you left the US. However, this assumes that you still keep a domicile in the US and have not abandoned your PR status. As long as your primary domicile is in the US, the above will apply to you.

What would then happen if someone going through an AOS process had to all of a sudden and unexpectedly leave the US due to a family emergency and/or event, without an approved Advanced Parole permit, thus basically abandoning the application, although before leaving, he/she;

1st) goes to the nearest/local USCIS office processing his/her AOS application, turns in all the paperwork related to his/her application to an officer and;

2nd) tells the officer he/she has no interest in ever coming back whatsoever, then;

3rd) voluntarily leaves the US and returns to his/her home country.

On the other hand, even though this person leaves the US and does the above, he/she still keeps a valid US address with the Agency, as well as an active bank account and from his/her home country pays taxes here.

Could this person come back (or allowed re-entry) if he/she states to the Agency that abandoning the AOS application was justified due to the family emergency and b/c of it, was done against his/her will? Would keeping a valid US address in the Agency's database, as well as a US bank account and filing taxes from abroad help his/her case? Is there a ban for abandoning the AOS application and if so, which one and for how long? If there was an overstay of only 30 days or so before sending the AOS application to the Agency, would it even be taken into consideration, if the person tried to come back to the US?

Nothing to stop you abandoning AOS at any time, ans jsut leaving without AP does it, no need for everything else.

If you are not resident in the US for tax purposes then there would be no tax to pay. If you have assets or income derived from the US you would need to pay tax on that.

You can also have a US address and not live in the US, or even visited the US.

For re-entry you would need an approriate visa, visitor K or CR1. The AOS is no more, it is dead.

[Yodrak 7]

dmartmar,

Complex situation you presented there. Let's try a simpler one first.

1st) go to the USCIS District or Sub office with jurisdiction over your place of residence, present a copy of allthe paperwork submitted for I-131 and;

2nd) submit documentation of the family emergency and;

3rd) walk out with an advance parole document because the USCIS officer agreed that this is an emergency situation?

Alternatively,

3rd) walk out without an advance parole, return home to attend the family non-ememrgency, and while you're there your USC spouse submits an I-130 application for you.

We are most probably talking about a K1 person in this situation.

Yodrak

You can remain outside the US on a GC for up to one year and up to two if you applied for a re-entry permit before you left the US. However, this assumes that you still keep a domicile in the US and have not abandoned your PR status. As long as your primary domicile is in the US, the above will apply to you.

What would then happen if someone going through an AOS process had to all of a sudden and unexpectedly leave the US due to a family emergency and/or event, without an approved Advanced Parole permit, thus basically abandoning the application, although before leaving, he/she;

1st) goes to the nearest/local USCIS office processing his/her AOS application, turns in all the paperwork related to his/her application to an officer and;

2nd) tells the officer he/she has no interest in ever coming back whatsoever, then;

3rd) voluntarily leaves the US and returns to his/her home country.

On the other hand, even though this person leaves the US and does the above, he/she still keeps a valid US address with the Agency, as well as an active bank account and from his/her home country pays taxes here.

Could this person come back (or allowed re-entry) if he/she states to the Agency that abandoning the AOS application was justified due to the family emergency and b/c of it, was done against his/her will? Would keeping a valid US address in the Agency's database, as well as a US bank account and filing taxes from abroad help his/her case? Is there a ban for abandoning the AOS application and if so, which one and for how long? If there was an overstay of only 30 days or so before sending the AOS application to the Agency, would it even be taken into consideration, if the person tried to come back to the US?

[meauxna 15]

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

[Yodrak 7]

meauxna,

Yes, but that she will be let back in as something else. Such as ........ what?

Yodrak

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

[meauxna 15]

meauxna,

Yes, but that she will be let back in as something else. Such as ........ what?

Yodrak

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

I don't know. He's asked a couple of times and I just don't see how she could weasel her way in as a pending adjustee from his case.

But he seems to be concerned that she'll be let back in under some other petition.

I just don't know.

[dmartmar 1]

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

Meauxna,

I am well aware of and know for a fact that the person fictitously used by me above, whether a he or a she, will not and cannot weasel his/her way back into the US as a pending adjustee. THIS I KNOW!

Now, knowing it won't happen as a pending adjustee, my real question then is; can it happen as something else? Under another, different visa? If so; which one(s)? Would there be a bar? And if so; which one and for how long? What if he/she voluntarily departed due to some other circumstance, besides a family emergency? What if the USC requested to the Service that the I-130 be withdrawn, which they did, thus the fictititous person wasn't able to adjust status through the USC and left with no other option than to leave?

There you go!!!

[meauxna 15]

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

Meauxna,

I am well aware of and know for a fact that the person fictitously used by me above, whether a he or a she, will not and cannot weasel his/her way back into the US as a pending adjustee. THIS I KNOW!

Now, knowing it won't happen as a pending adjustee, my real question then is; can it happen as something else? Under another, different visa? If so; which one(s)? Would there be a bar? And if so; which one and for how long? What if he/she voluntarily departed due to some other circumstance, besides a family emergency? What if the USC requested to the Service that the I-130 be withdrawn, which they did, thus the fictititous person wasn't able to adjust status through the USC and left with no other option than to leave?

There you go!!!

d,

I don't know. I've been sympathetic to your quest to find out. Now I'm just saying that you haven't found an answer from this community and I doubt you will. There are so many variations on methods that one *can* apply to come to the US with that it would be a fool's game for me to sit here and guess at possible combinations.

I can only speculate that if she applies for some other immigration benefit and is honest about having immigrated before that her previous file will be looked at, including any extra information that has been added to it and the outcome of her last experience.

Your ex is no longer in the US, correct? And she did not complete AOS before she left? And she did not have Advance Parole before she left? And she has no I-130 approved or pending, but in fact, withdrawn.

Sorry, I got nothing.

[dmartmar 1]

meauxna,

Now I'm just saying that you haven't found an answer from this community and I doubt you will. There are so many variations on methods that one *can* apply to come to the US with that it would be a fool's game for me to sit here and guess at possible combinations.

Which is why I have been seriously considering studying Immigration Law during the last 6 mos. or so, as to become an atty. specializing in that field.

I can only speculate that if she applies for some other immigration benefit and is honest about having immigrated before that her previous file will be looked at, including any extra information that has been added to it and the outcome of her last experience.

Which would or could in a way explain why she not only voluntarily and in person turned in all of her AOS paperwork to the local office, but on top also told them she had no intention(s) of ever coming back to the US, as in trying to make it seem that obtaining a GC through a fraudulent marriage to a USC wasn't her true intent all along. In other words: "to show you guys here at the Agency I did not marry solely to obtain immigration benefits, not only am I turning in all paperwork related to my AOS application, but to further prove my case, I am also leaving the US for good and forever."

Perhaps a smart move on her behalf?

Your ex is no longer in the US, correct? And she did not complete AOS before she left? And she did not have Advance Parole before she left? And she has no I-130 approved or pending, but in fact, withdrawn.

And yes meauxna. My ex already left the states empty handed back in Nov. '04, not having a completed or approved AOS application (GC), nor an AP permit, while at the same time getting my I-130 petition withdrawn by the Agency, after my claim that she married me fraudulently in order to only obtain immigration benefits, and which I backed up with plenty of credible evidence (paper trail).

Why?

[Boiler 45,733]

Then why are you asking here and what exactly are you worried about?

If she had no intent of ever returning to the US why did she give a hoot about USCIS and whether the marriage was entered into for immigration benefit? The penalty, if proven, would be deportation and she left nayway.

[meauxna 15]

Why what? She's been gone for well over a year, you have done everything possible to protect your own interests. Unless you have some kind of evidence that she is planning to come back fraudulently, I still don't understand what it is you'd like in the way of information.

But, it sounds like you've been doing lots of research, so anything I could find, you probably already have

[Yodrak 7]

dmartmar,

That's the question I answered in my earlier post. It's really quite simple - if the adjustee leaves, abandoning their adjustment application, and wants to return to live with their USC spouse, the USC spouse submits an I-130 petition for an alien relative to start a new visa application process.

Yodrak

I think dmartmar is more concerned with making certain that she will *not* be let back in as a pending adjustee.

Meauxna,

I am well aware of and know for a fact that the person fictitously used by me above, whether a he or a she, will not and cannot weasel his/her way back into the US as a pending adjustee. THIS I KNOW!

Now, knowing it won't happen as a pending adjustee, my real question then is; can it happen as something else? Under another, different visa? If so; which one(s)? Would there be a bar? And if so; which one and for how long? What if he/she voluntarily departed due to some other circumstance, besides a family emergency? What if the USC requested to the Service that the I-130 be withdrawn, which they did, thus the fictititous person wasn't able to adjust status through the USC and left with no other option than to leave?

There you go!!!

Edited February 17, 2006 by Yodrak

[meauxna 15]

dmartmar,

That's the question I answered in my earlier post. It's really quite simple - if the adjustee leaves, abandoning their adjustment application, and wants to return to live with their USC spouse, the USC spouse submits an I-130 petition for an alien relative to start a new visa application process.

Yodrak

Wow.

Yodrak, are you reading this as if he's asking for ways that he (dmartmar) can bring her back?

I must be losing it. This is one of the most confusing threads I've ever been in!

[dmartmar 1]

Unless you have some kind of evidence that she is planning to come back fraudulently, I still don't understand what it is you'd like in the way of information.

I do! Wait 'til you hear this. Even though she abandoned our marriage and we're still not legally divorced, nor separated, she has been already dating another USC in her home country of Argentina since Nov. of last year ('05 and not '04, my mistake), when she officially left the US. She hasn't been gone for a year, she's only been gone for 3 mos. and the guy she's seeing over there she met here prior to leaving, after finding out he'd be studying Spanish in Argentina this whole year as an exchange student. Basically, she made sure she hooked up with a USC before leaving the states, who coincidentally currently lives in Arg. She left in Nov. and he left in Dec.

Wow.

Yodrak, are you reading this as if he's asking for ways that he (dmartmar) can bring her back?

I think Yodrak's only saying that the only way she could return would be through me, which ain't going to happen. Why on Earth would I want to bring her back for, after being the one sending her back?

Edited February 17, 2006 by dmartmar