Filed 130 but need to leave USA.

[sadpanda 0]

Hello everyone,

First and foremost I hope I am posting in the right place for my question. I have been married for about 2 years, we filed our 130 and it got approved and whatnot, I even tried filing 485 this year but some technicalities (wrong address), I got all the paper back but doing the refund and all, I couldn't manage to send it back just yet.

Sadly, this year I am facing some family matters that need to be taken care back home, my dad's health is quite critical and I just can't stay anymore. My question is, what will happen with my status if I leave the country like this?

My 485 is not through (just got my form sent back in November) but 130 did and it got approved. But I seriously need to fly down there ASAP, what should I do? :/

[pushbrk 13,067]

Hello everyone,

First and foremost I hope I am posting in the right place for my question. I have been married for about 2 years, we filed our 130 and it got approved and whatnot, I even tried filing 485 this year but some technicalities (wrong address), I got all the paper back but doing the refund and all, I couldn't manage to send it back just yet.

Sadly, this year I am facing some family matters that need to be taken care back home, my dad's health is quite critical and I just can't stay anymore. My question is, what will happen with my status if I leave the country like this?

My 485 is not through (just got my form sent back in November) but 130 did and it got approved. But I seriously need to fly down there ASAP, what should I do? :/

If you leave, you will need to go through a spouse visa process. With an approved I-130, perhaps it can be sent to NVC and forwarded on to Caracas without starting over. Unless you overstayed, that would be a smooth process. If you're leaving regardless, then I recommend having your spouse consult with an attorney about your options.

[sadpanda 0]

Thank you so much for your quick reply!

I am not quite sure what you meant about overstaying?

So, I guess my biggest concern is could they cancel my case/visa? Should I have some sort of document to leave the country? (I mean, to show them about my dad's condition in document) Or simply just show my 130 notice and explain my case?

I wish we could afford legal help for this, but I don't believe it's possible given the sudden terms of my leave.

Sorry for all the random questions, the more I know the better I can handle myself through such stressful moment

[Reba 2]

Yes, if you leave the country before your AOS is granted, then they will consider that you have abandoned the application and they will cancel it.

Did you apply for Advanced Parole with your AOS package? Under what status did you enter the country in the first place in order to get married? Did you come as a visitor then got married and stayed to adjust? If that's the case, it is usually not recommended that you leave the country under any circumstances, even if you do have Advanced Parole. They may not let you back in.

[World Citizen 0]

Overstaying means that you've stayed in the US longer than you were supposed to! which is illegal.. but I guess Pushbrk wanted to tell you that if you left the US and after changing your address you will go through consular processing instead of Adjustment of status and everything will go smoothly unless they (USCIS) found out that you've overstayed in the US and if that was the situation you maybe get denied a visa!

Edited January 3, 2009 by World Citizen

[pushbrk 13,067]

Overstaying means that you've stayed in the US longer than you were supposed to! which is illegal.. but I guess Pushbrk wanted to tell you that if you left the US and after changing your address you will go through consular processing instead of Adjustment of status and everything will go smoothly unless they (USCIS) found out that you've overstayed in the US and if that was the situation you maybe get denied a visa!

Yes, I mean if you leave, you I-485 will be considered abandoned unless you have a advance parole. I take it you wouldn't be here asking if you had the AP. So, your status at the time you filed the AOS papers will impact whether you will be allowed to obtain an immigrant visa to return. I'm not sure, but I think the approved I-130 can be redirected through NVC for Consular processing for an immigrant visa. Check with USCIS on that or perhaps somebody here knows for sure.

The missing information has to do with how you gained entry to the US and your status at the time you filed the I-130 and I-485. If your I-130 was approved, you were likely to be successful with AOS regardless if you stayed. If you leave, these other factors come into play in the immigrant visa process. Depending on the answers, you could face no delay, a short delay, one of years or an outright lifetime ban.

Many immigration attorneys will provide an initial consultation for free. I encourage you to get concrete answers because leaving may mean you and your spouse have a major delay in being together again in the US or it could never happen at all. In any event, you may actually need to seriously consider postponing your trip, depending on whether your spouse or family abroad is of a higher priority.

Edited January 3, 2009 by pushbrk

[sadpanda 0]

Yes, I have had B1/B2 for several years and by the time I met my husband and whatnot, we didn't really know about this process so I never changed my visa or did anything different legally than what I already had. We just filled the 130 to get started and got approved, then we moved on with the 693, then to 485 and the rest of the process.

If I do delay this trip I will not be able to afford it later on. I haven't seen my dad in years and this family matter does take priority for me.

Thank you so much for the replies and the information, everyone.

[pushbrk 13,067]

Yes, I have had B1/B2 for several years and by the time I met my husband and whatnot, we didn't really know about this process so I never changed my visa or did anything different legally than what I already had. We just filled the 130 to get started and got approved, then we moved on with the 693, then to 485 and the rest of the process.

If I do delay this trip I will not be able to afford it later on. I haven't seen my dad in years and this family matter does take priority for me.

Thank you so much for the replies and the information, everyone.

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

[truffles 2]

Yes, I have had B1/B2 for several years and by the time I met my husband and whatnot, we didn't really know about this process so I never changed my visa or did anything different legally than what I already had. We just filled the 130 to get started and got approved, then we moved on with the 693, then to 485 and the rest of the process.

If I do delay this trip I will not be able to afford it later on. I haven't seen my dad in years and this family matter does take priority for me.

Thank you so much for the replies and the information, everyone.

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

The OP is not asking for your opinion on what he considers a priority - he simply requested information about the process. You have no knowledge of the OP's personal circumstances and other possible reasons he may have in regard to his priorities.

[pushbrk 13,067]

Yes, I have had B1/B2 for several years and by the time I met my husband and whatnot, we didn't really know about this process so I never changed my visa or did anything different legally than what I already had. We just filled the 130 to get started and got approved, then we moved on with the 693, then to 485 and the rest of the process.

If I do delay this trip I will not be able to afford it later on. I haven't seen my dad in years and this family matter does take priority for me.

Thank you so much for the replies and the information, everyone.

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

The OP is not asking for your opinion on what he considers a priority - he simply requested information about the process. You have no knowledge of the OP's personal circumstances and other possible reasons he may have in regard to his priorities.

You're absolutely correct. I don't know the severity or importance of the family problem or the depth of love and commitment to the spouse. I'm simply trying to make sure the OP understand's what may be at risk, so an informed decision can be made. Nobody has enough information at this point to know just what is at risk because we don't know of there is a ban at play, starting over or a simple request that can end up with no consequence. If I were making the decision, I'd want to know, so I assume the OP does too.

[sadpanda 0]

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

I know what you're trying to say, and as a matter of fact the idea came from my husband. Given the circumstances, if I don't do this now I may not be able to do it at all. I can't place time/dates on my dad's health to fit it in my immigration process.

As I sort of understand now the possible the consequences of what I may face in a near future, I still cannot change the current situation. It is a very difficult thing to go through and quite a harsh choice to make, so please, any personal comments like that are not really necessary.

[geezer 1]

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

I know what you're trying to say, and as a matter of fact the idea came from my husband. Given the circumstances, if I don't do this now I may not be able to do it at all. I can't place time/dates on my dad's health to fit it in my immigration process.

As I sort of understand now the possible the consequences of what I may face in a near future, I still cannot change the current situation. It is a very difficult thing to go through and quite a harsh choice to make, so please, any personal comments like that are not really necessary.

People sometimes forget that life goes on this process is just that a process imposed by the government. Everyone is different and has thier own priorities. Only you and your husband know what is right for your own situation. Do what is best for you and good luck.

[pushbrk 13,067]

By "take priority" do you you mean the family matter abroad is important enough to potentially spend three or more years separated from your spouse? If so, I really feel sorry for your spouse.

I know what you're trying to say, and as a matter of fact the idea came from my husband. Given the circumstances, if I don't do this now I may not be able to do it at all. I can't place time/dates on my dad's health to fit it in my immigration process.

As I sort of understand now the possible the consequences of what I may face in a near future, I still cannot change the current situation. It is a very difficult thing to go through and quite a harsh choice to make, so please, any personal comments like that are not really necessary.

It's not a personal comment. It's a question asked to make certain you understand the potential consequences of the decision you're making. It's your decision. I haven't criticized it. You asked about the potential consequences and now you have the best answer you're going to get without indicating far more about your immigration status at the time the I-485 was filed. Depending on how long an overstay, you're in, you may be facing a three year ban or even a ten year ban if you leave. If I were in your shoes, I'd want to know.

[sadpanda 0]

It's not a personal comment. It's a question asked to make certain you understand the potential consequences of the decision you're making. It's your decision. I haven't criticized it. You asked about the potential consequences and now you have the best answer you're going to get without indicating far more about your immigration status at the time the I-485 was filed. Depending on how long an overstay, you're in, you may be facing a three year ban or even a ten year ban if you leave. If I were in your shoes, I'd want to know.

When you say you feel "sorry" for anyone, I fail to see how that is helpful at all. That was the comment what I was referring to. We are both going through a lot of emotional stress because of this, and the possible loss of a family member.

If you do need more details about my case, here there are:

I applied for the 485 a year after I applied for the 130. As many of you may know through this process, you apply 130 and the first thing they mail you is a notify they received it and will reply to you with a decision. Like 3 / 4 months into the year I got the approved notice - "please continue to file 485". That same year I took care of my 693 and such. Then we saved up as we could to mail the 485 (because the form got up to $1k fee in 2008 as I know most of you know).

I did explain that the 130 was the approved part of the process and the 485 was still unknown. I sent it and they sent it back, in November to be exact, saying that even though I mailed it correctly to please send it to the center in Chicago instead. My dad got quite ill during Christmas, which is something that became a family problem and not only took some of our money away, took most of our attention as well.

Also, I said I have got B1/B2 (10 years to be exact) and my husband and I did get married before I was supposed to leave in regards of my current visa (If that explains overstaying? Which I never did during my trips). Little we knew about this whole process though, and how long and expensive it is. Now we know we can't deal with both situations at once, that's why we had to choose.

Technically, we did everything as the USCIS told us to at the pace we could, even our crazy spontaneous marriage.

I hope that's enough information. I haven't filed for anything else but what I mentioned.

PS: Thank you everyone for the kind comments and good wishes

[pushbrk 13,067]

It's not a personal comment. It's a question asked to make certain you understand the potential consequences of the decision you're making. It's your decision. I haven't criticized it. You asked about the potential consequences and now you have the best answer you're going to get without indicating far more about your immigration status at the time the I-485 was filed. Depending on how long an overstay, you're in, you may be facing a three year ban or even a ten year ban if you leave. If I were in your shoes, I'd want to know.

When you say you feel "sorry" for anyone, I fail to see how that is helpful at all. That was the comment what I was referring to. We are both going through a lot of emotional stress because of this, and the possible loss of a family member.

If you do need more details about my case, here there are:

I applied for the 485 a year after I applied for the 130. As many of you may know through this process, you apply 130 and the first thing they mail you is a notify they received it and will reply to you with a decision. Like 3 / 4 months into the year I got the approved notice - "please continue to file 485". That same year I took care of my 693 and such. Then we saved up as we could to mail the 485 (because the form got up to $1k fee in 2008 as I know most of you know).

I did explain that the 130 was the approved part of the process and the 485 was still unknown. I sent it and they sent it back, in November to be exact, saying that even though I mailed it correctly to please send it to the center in Chicago instead. My dad got quite ill during Christmas, which is something that became a family problem and not only took some of our money away, took most of our attention as well.

Also, I said I have got B1/B2 (10 years to be exact) and my husband and I did get married before I was supposed to leave in regards of my current visa (If that explains overstaying? Which I never did during my trips). Little we knew about this whole process though, and how long and expensive it is. Now we know we can't deal with both situations at once, that's why we had to choose.

Technically, we did everything as the USCIS told us to at the pace we could, even our crazy spontaneous marriage.

I hope that's enough information. I haven't filed for anything else but what I mentioned.

PS: Thank you everyone for the kind comments and good wishes

If you leave you will abandon the AOS process. As a result, an overstay of 180 to 365 days incurs a three year ban, over a year incurs a 10 year ban. This may or may not be waiverable for extreme hardship to the US Citizen, if applicable but at significant expense and paperwork.

I'll feel sorry for your spouse due to the significant separation your decision to leave the USA would cause.

Edited January 5, 2009 by pushbrk