left US and now in UK whilst filing adjustment of status

[celtic59 0]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

[john_and_marlene 162]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Do I have this correct?

You came to the US on a K1 visa?

You applied for AOS but left without AP before AOS was complete?

If that is correct, you will have to start from scratch with a new visa -- IR1/CR1.

[celtic59 0]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Do I have this correct?

You came to the US on a K1 visa?

You applied for AOS but left without AP before AOS was complete?

If that is correct, you will have to start from scratch with a new visa -- IR1/CR1.

No I had a visa waiver programme and stayed on to adjust status. But left before it was complete as I couldn't see I had any alternative. What's the difference between IR1 and CR1?

[gwenneh 7]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Well, that's a bit different if you're not a K-1 holder. Did you accrue an overstay while waiting to adjust status?

Either way, you are going to have to file for a K-3 or other visa now in order to return permanently.

DCF is not an option in London unless the US Citizen is a permanent UK resident. The definition for "permanent resident" is generally accepted to be that the US Citizen holds Indefinite Leave to Remain (granted after two years of continuous residence); however, DCF has been done by several people on this board who do not have ILR, so it is possible if you make a strong case. I don't think that will be likely for you, given that you had filed for AOS and that requires a US-based spouse to found the application on. It can't hurt to ask, though.

If you have an overstay from when you were adjusting status, you will have to deal with that as well now.

Edited July 13, 2006 by Gwen666

[celtic59 0]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Well, that's a bit different if you're not a K-1 holder. Did you accrue an overstay while waiting to adjust status?

Either way, you are going to have to file for a K-3 or other visa now in order to return permanently.

[john_and_marlene 162]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Do I have this correct?

You came to the US on a K1 visa?

You applied for AOS but left without AP before AOS was complete?

If that is correct, you will have to start from scratch with a new visa -- IR1/CR1.

No I had a visa waiver programme and stayed on to adjust status. But left before it was complete as I couldn't see I had any alternative. What's the difference between IR1 and CR1?

OK now I understand a little more.

This is more complicated because your I-130 was submitted in conjunction with the I-485 while you were in the U.S. and appears to still be active. Have you informed them of your change of address? Do they know you left the country? I think you should consult an immigration attorney about how to proceed. You probably need to clean up the mess of the abandoned petition before starting another one.

[celtic59 0]

Husband is USC,I am UK citizen.Applied while in US for permanent residency,took from Dec 05 to Apr 06 to get interview,all OK except he couldn't be my sponsor as he was studying for several years and only had one qualifying working year as income.I was running out of money and had no Seocial Sec No,got a place in teacher training college in Uk,he got credentials for here to work so we left without the advance parole document. Now want to find out about going back.No idea how to,don't know if I should amend my passport to married name now I am here or if that would make things more confused as all my stuff will be related to old passport. Will I be allowed to go back with house proceeds (that is what was needed to get into to USme to sell my UK property,which hasn't yet been done). I had got as far as getting fingerprints taken.Or should I file from here all over again,my husband has a spousal visa for this country as they were very easy to get and didn't involve either of us putting up large sums of money,in fact neither of us had a definate job to go to and she still said it was OK.

Well, that's a bit different if you're not a K-1 holder. Did you accrue an overstay while waiting to adjust status?

Either way, you are going to have to file for a K-3 or other visa now in order to return permanently.

yes I arrived Oct 05 and stayed on till July 06

[gwenneh 7]

yes I arrived Oct 05 and stayed on till July 06

Get an attorney. You are in for a hell of a journey then!

You will, as john_and_marlene pointed out, need to clear up the old petition first, probably entailing explaining your abandonment of it. Then you will need to file for a K-3 (or DCF, depending on how long it takes as you may be able to establish your spouse as resident). You will be denied because of the overstay (DON'T LIE ABOUT IT!!!) and have to submit a waiver regarding your overstay. This is not to say you won't get a visa ever, but you would be well-served by hiring an experienced immigration attorney who has specific experience in dealing with waivers.

Good luck!

Edited July 13, 2006 by Gwen666