Questions About Abadoning AOS application.

[sasaqlain 24]

I am sure some senior members would be able to throw some light on my query. I had applied for AOS from B-1/B-2 this January 2009. Even though, my interview was conducted more than 2 months ago, I have not been given any reasonable response regarding the Interview. My problem is that I am suffering financially due to my absence from my home country and I can't wait any longer. My business needs my presence which I left when I came and decided to stay. I MUST GO BACK. I dont have any over-stays. If I chose to go back, alongwith my family and lets say abandon my AOS, does that effect my already approved I-130 petition as well. And what are my options then? Can I apply for a spousal visa from my home-country. Would abandonement of AOS in the US effect my case, if I apply from back home?

Edited September 23, 2009 by saspak

[Kittykisses73 1]

Hey sorry to hear your still in limbo! No helpful information to give you, just wanted to stop by and say hello and see how that new baby is doing?

Hope they get this sorted out for you soon!

[JERIII 8]

I am sure some senior members would be able to throw some light on my query. I had applied for AOS from B-1/B-2 this January 2009. Even though, my interview was conducted more than 2 months ago, I have not been given any reasonable response regarding the Interview. My problem is that I am suffering financially due to my absence from my home country and I can't wait any longer. My business needs my presence which I left when I came and decided to stay. I MUST GO BACK. I dont have any over-stays. If I chose to go back, alongwith my family and lets say abandon my AOS, does that effect my already approved I-130 petition as well. And what are my options then? Can I apply for a spousal visa from my home-country. Would abandonement of AOS in the US effect my case, if I apply from back home?

When you say you must go back, how long are we talking about? Do you have an AP? If you do, you can return without abandoning the AOS.

[sasaqlain 24]

I am sure some senior members would be able to throw some light on my query. I had applied for AOS from B-1/B-2 this January 2009. Even though, my interview was conducted more than 2 months ago, I have not been given any reasonable response regarding the Interview. My problem is that I am suffering financially due to my absence from my home country and I can't wait any longer. My business needs my presence which I left when I came and decided to stay. I MUST GO BACK. I dont have any over-stays. If I chose to go back, alongwith my family and lets say abandon my AOS, does that effect my already approved I-130 petition as well. And what are my options then? Can I apply for a spousal visa from my home-country. Would abandonement of AOS in the US effect my case, if I apply from back home?

When you say you must go back, how long are we talking about? Do you have an AP? If you do, you can return without abandoning the AOS.

I do have the AP, but I must be away for atleast 6 months. Am not sure if I can make it back sooner if USCIS slaps me with a secondary interview. So far, I have not heard any news from them and I don't expect any good news anyway. A friend of mine told me some time back that if they(USCIS) want to do it, your case is decided in a week. For those who don't hear from them in a month, end up fighting a losing battle.

[Bobby+Umit 161]

Didn't you have the AP? You can apply for that now, "emergency", since you do not have your green card and you must travel before they finish your case. (even now you can leave with the AP)

Leaving without finishing the AOS will not affect your 130 - but you will probably need to do a different visa when you get home. (Thinking CR-1) (the 485 would be considered abandoned)

This is one of the problems with converting from a visitors visa I would think would happen to a lot of people, but I am surprised how few people actually have this issue...

Guess a lot of people can just shelve their life back home for years on end or something.

Hang in there - you have been fretting about this for a while --> it will work out in the end...

[sasaqlain 24]

Hey sorry to hear your still in limbo! No helpful information to give you, just wanted to stop by and say hello and see how that new baby is doing?

Hope they get this sorted out for you soon!

Hi Kittykisses73. Well, you know my whole story. So far nothing worthwhile to share with you on the Interview decision bit. After, two Infopass appointments and a service request, my case is still where it was 2 months ago. The baby is finally normalizing, otherwise she had has lungs of steel and when she cried, she would drown the noise of a football field at play .

Just pray this ordeal is over for me one way or the other. I am so fed up now that I feel like simply abandoning and leaving.

[sasaqlain 24]

Didn't you have the AP? You can apply for that now, "emergency", since you do not have your green card and you must travel before they finish your case. (even now you can leave with the AP)

Leaving without finishing the AOS will not affect your 130 - but you will probably need to do a different visa when you get home. (Thinking CR-1) (the 485 would be considered abandoned)

This is one of the problems with converting from a visitors visa I would think would happen to a lot of people, but I am surprised how few people actually have this issue...

Guess a lot of people can just shelve their life back home for years on end or something.

Hang in there - you have been fretting about this for a while --> it will work out in the end...

I do have the AP Bobby_Umit. I know, my case is quite disturbing since everybody else that I know here have been cleared through on VWP's & B-1/B-2's. Even the interview went well. At My last Infopass Appointment the Officer told me that my back grounds checks were all fine. I am not sure if thats the answer they give to all or not. But I was reading his face and he seemed genuine in his reply. Apart from the fact that I should accuse the AO or racism and Bias, there is no reason for him to hold up my case. Even a denial at this point would me welcomed. Give me something atleast!

Btw, I called on Sept. 3 and persuaded the USCIS Operator to escalate my call to a hgher level. I managed to place a service request through the supervisor. Even he didn't have much info on my case other than the last touch before my interview. Now just recently I received a confirmation letter for the service request where it stated that I would receive in writing a decision or a notice to this application within 60 days. The letter was generated from the NY field office, whereas my case is pending at the Garden City Field office which probably is controlled by the NY field office. Do you think I should trust this piece of document and wait another month? Also, when I went for the infopass, the officer told me that his records show that my case was last touched on Sept. 3rd. Could it be a touch because of my service request, or is the AO actually working on the case?

PS: Sorry for the lengthy note. Just wanted to give you a full picture in order to get a reasonable reply from you.

[naksah 1]

Didn't you have the AP? You can apply for that now, "emergency", since you do not have your green card and you must travel before they finish your case. (even now you can leave with the AP)

Leaving without finishing the AOS will not affect your 130 - but you will probably need to do a different visa when you get home. (Thinking CR-1) (the 485 would be considered abandoned)

This is one of the problems with converting from a visitors visa I would think would happen to a lot of people, but I am surprised how few people actually have this issue...

Guess a lot of people can just shelve their life back home for years on end or something.

Hang in there - you have been fretting about this for a while --> it will work out in the end...

I do have the AP Bobby_Umit. I know, my case is quite disturbing since everybody else that I know here have been cleared through on VWP's & B-1/B-2's. Even the interview went well. At My last Infopass Appointment the Officer told me that my back grounds checks were all fine. I am not sure if thats the answer they give to all or not. But I was reading his face and he seemed genuine in his reply. Apart from the fact that I should accuse the AO or racism and Bias, there is no reason for him to hold up my case. Even a denial at this point would me welcomed. Give me something atleast!

Btw, I called on Sept. 3 and persuaded the USCIS Operator to escalate my call to a hgher level. I managed to place a service request through the supervisor. Even he didn't have much info on my case other than the last touch before my interview. Now just recently I received a confirmation letter for the service request where it stated that I would receive in writing a decision or a notice to this application within 60 days. The letter was generated from the NY field office, whereas my case is pending at the Garden City Field office which probably is controlled by the NY field office. Do you think I should trust this piece of document and wait another month? Also, when I went for the infopass, the officer told me that his records show that my case was last touched on Sept. 3rd. Could it be a touch because of my service request, or is the AO actually working on the case?

PS: Sorry for the lengthy note. Just wanted to give you a full picture in order to get a reasonable reply from you.

I think if you really have to go back home, use the AP and leave. Waiting to hear something everyday, or checking your mail everyday makes it so much harder to wait. I think going home will be really good for you...i mean taking your mind off this whole process. I believe the AP is good for 6 months, right? Then go home for 5-6 months, come back and see what else to do [hopefully they will have mailed your GC by then and your wife can DHL it to you back home]

[tuesdaysgone 0]

It makes me sick how the USCIS treats people, unfortunately were just another number to them.

[sasaqlain 24]

Lets Say I leave for my homecountry and in the meantime receive a notice for a second interview. Would I be able to reschedule it? Cause I read there are certain interviews that cannot be re-scheduled.

[christera22 8]

NO Saspak bhai ............. pls do not leave. Its my loving advice............ i understand you are having a hard time ............ but at all if you have any plans for staying back and future here then dnt leave. Look for any job that wd bring in some money. I have joined krogers and not liking the job with a low pay but it at least is making me survive. Furthermore as we all know the AP thing is totally unpredictable. They is no surity that Border security wd honor it as they know only themselves and no one else . So dnt rely on that. I am facing racialism, rudeness and unfriendly attitude everyday. So I wont be here for long......................may be 5-6 yrs max. But if you wanna make a future here , dnt leave.

I presume your wife works here. Cant you get some jobs in the area you are in. Rescheduling is never a guarrantee ..............at least not with USCIS. We all know that. Let me know .... Take Care

[sasaqlain 24]

NO Saspak bhai ............. pls do not leave. Its my loving advice............ i understand you are having a hard time ............ but at all if you have any plans for staying back and future here then dnt leave. Look for any job that wd bring in some money. I have joined krogers and not liking the job with a low pay but it at least is making me survive. Furthermore as we all know the AP thing is totally unpredictable. They is no surity that Border security wd honor it as they know only themselves and no one else . So dnt rely on that. I am facing racialism, rudeness and unfriendly attitude everyday. So I wont be here for long......................may be 5-6 yrs max. But if you wanna make a future here , dnt leave.

I presume your wife works here. Cant you get some jobs in the area you are in. Rescheduling is never a guarrantee ..............at least not with USCIS. We all know that. Let me know .... Take Care

Hi Christera22! I knew you would be busy with work and all. Sorry to hear the environment is not so friendly for you. I wish things were different for you. You are right about the AP. But, I am losing more by not going back. This case is already stretched far that I can manage. Although, not advisable by any sane person, But I made my wife quit her highly sought after Manhattan job after our child was born. Just so that she can give time to the baby. For me, I was more interested in starting my own business since I have never really worked for anyone. And before I think about investing in this country I need to know where I stand with the USCIS decision. That is the reason, its becoming more and more frustrating. I am preparing document for now to hit USCIS through a congressional and Senate Inquiry. Will send the requests out tomorrow. Not much hope there, but I have tried all else. Good to hear from you though. My prayers are with you.

[Septembergold 0]

Hi saspak! So sorry to hear that your case still hasn`t been completed! That is absolutely insane. I understand your frustration. I know I can`t really give you any competent advice, but if I were you I would stay for another 2 months, wait for response to your service request, try contacting your senator and if all that fails... then I`d probably just grab the AP and go, take care of your business at home. I wouldn`t count on rescheduling a possible 2nd interview, there`s no guarantee... At this point you`re probably looking at CR1.

Hope everything works out well for you in the end!

[Bobby+Umit 161]

I would use the AP - you have an emergency after all.

You could make a point to inform the USCIS office that you plan to take advantage of this AP, and perhaps schedule any interviews, as needed, after you return.

[richa 0]

I am sure some senior members would be able to throw some light on my query. I had applied for AOS from B-1/B-2 this January 2009. Even though, my interview was conducted more than 2 months ago, I have not been given any reasonable response regarding the Interview. My problem is that I am suffering financially due to my absence from my home country and I can't wait any longer. My business needs my presence which I left when I came and decided to stay. I MUST GO BACK. I dont have any over-stays. If I chose to go back, alongwith my family and lets say abandon my AOS, does that effect my already approved I-130 petition as well. And what are my options then? Can I apply for a spousal visa from my home-country. Would abandonement of AOS in the US effect my case, if I apply from back home?

I don't know waht to say but i am agree with christera22... pl. don't go.. you already start your process with senator right. remember the interviewed Io name and give to senator let him put his leg on the IO's tail. no other option. i heard somewhere they can take max.120 days for decision so i am thinking they are doing this purposly which is called racism and unfriendly attitude.