Abandoning (leaving U.S. without AP) and resuming the case. help!

[Mark Anon 0]

Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

[NArocks 13]

You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

[Chica Yeyé 41]

You can't tell USCIS "now I want her, now I don't". I agree with NArocks, get ready to file another application.

[Dakine 26]

Sounds like you got lucky!

[Usui Takumi 1,562]

...and your letters went into a black hole

[furiousng 2]

You have to file a new application now. No two ways about it.

[john_and_marlene 162]

Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

Whether you withdrew the application or not, it was abandoned when she left the country. You cannot resume an abandoned case. You will have to petition her as your spouse I-130 and start over again with immigration.

[TracyTN 237]

Agreed. And any immigration atty who doesn't know this should be immediately fired. Esp. if he doesn't realize that you must live in her country for 6 months in order for consular processing to be possible...!

[Krikit 1,165]

Moving this from AOS to the Effects of Major Changes forum.

[Mark Anon 0]

You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

[baron555 934]

Some of the things I will write will sound downright comical, but as they say "truth is often stranger than fiction."

I sponsored my fiance on a K1 visa. She arrived in the U.S. and we got married. We then applied for the Adjustment of Status (i485 & i130).

While we were waiting for this to be approved, our on-going arguments and fights escalated and I became fed-up and I decided to write a (notorized) letter to the USCIS service center that I would like to withdraw the application. A lawyer assured me that the USCIS would wait a month or two to see if I want to resume the case, before they will cancel her portion as well.

A week later, things did not improve between us, so I told my wife to simply leave (the country). In doing so, I understand that she essentially abandoned the case.

After two weeks of communicating with my wife (who was now abroad) and trying to work things out, I sent another letter to the USCIS service center and requested that the case be resumed. I have yet to receive a response from them on either of the letters that I sent.

If my wife and I are able to resolve our differences, I would like to know what my options are of getting her back to the U.S. My Lawyer has mentioned something about transferring the case to Consular Processing. What would this entail, and is it possible in our situation?

Any other options or ideas?

You have to reapply with a new visa petition, because she left before she got the AP or GC, she will not be allowed back into the US. Look at the K-3 or CR-1.

[daboyz 36]

You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

CR-1 is definitely better. She will receive a green card about one month adter arrival, and you will not have to file Adjustment of Status. CR-1 might take about a month longer.

[R de la R 2]

You will most likley need to apply now for a spousal Visa. Get a differnt lawyer if yours in unsure of what to do. You need to start the process of a CR1 Visa for her. File the I-130. Good Luck

Based on what most of you are saying, I need to bring her over here as my spouse on a new K3 Visa or a CR-1 Visa. Would picking one or the other be more beneficial in our case?

CR-1 Visa.

[Mark Anon 0]

I called up USCIS and I was told that I did not need to file the I-130 along with my I-485 for AOS - But since I already have, I can wait for the I-130 to get approved, and then file a I-824, and have it forwarded to the NVC, after which the embassy in India will contact my wife...

Does this sound right?

[TracyTN 237]

Hmm that sounds right to me. I would expect the I 485 to be denied as it should be off the table (since she is not in the US). But if the subsequent I 130 is approved, what he said makes sense to me. I'm just not sure that they'll approve an I 130 that was filed concurrently with an I 485. They may just deny the whole lot, forcing you to start over with a new I 130.

Would have to do some reading about this - maybe someone else here has a better answer. Honestly I'd be inclined to have a consult with an immigration attorney (if I were in your shoes).

Edited July 24, 2009 by TracyTN