Abandonment of AOS (sort of) Help please.

[TeamSleep 0]

I went to the US on K-1 visa then we processed the adjustment of status application. However, we had problems with the mailing system and unfortunately my husband got laid off while the papers were in process. So the case was likely to be unsuccessful and also we never received any mails from the USCIS for the work permit papers or the advance parole.

I suspected that it will be too many months waiting for everything to get done and plus being a minority and graduating from a foreign university, I would have a difficult time to get a job (esp. during recession.) My husband got a job a month after he got laid off but since he was very concerned about job probation, we decided he would not have time to help me clear up the whole mess of the mailing issues with the USCIS in San Antonio (we lived in Austin.) So I decided to come home and get a job (where I don't have to wait for ??? months not knowing my future.) This was in May 2008.

Now my husband just moved to Thailand about 2 and a half months. I have no idea what type of visa I would have to apply to get into the US again, since I abandoned my AOS application (because the system was such a mess.) And I was just wondering if all the hard work of K-1 application and AOS would go to waste? Can I somehow possibly use all the files I have and apply for something in the future once I am ready to move back? I don't intend to move back to the US anytime soon but I would like to visit the US with my husband when he goes to visit his family. I assume I would have to apply for tourist visa, but then I am scared I might get rejected since I entered the US on a K-1 visa before.

I held J-1 visas (student exchange) and 10-year tourist visa before (which got canceled T^T after I received my K-1)

Any ideas or suggestions would be appreciated, thank you.

Edited September 28, 2009 by TeamSleep

[Penguin_ie 5,994]

Your previous K1 visa is gone, and AOS never happened, so you'll have to start from scratch.

You can apply for a tourist visa, and the previously abandoned AOS won't matter in theory, though you may have some difficulty getting the tourist visa as you clearly had previous immigrant intent, so they'll suspect you- you'll need lots of proof that you intend on returning to Thailand. If and when you wish to return to the USA permanently, look into DCF (assuming your husband will have had at least 6 months lefal residency in Thailand by then). It's fast and tends to get approved easier.

[Mand 1]

We did the K1 in 2005 and went through AOS successfully. We then decided to move back to Ireland in 2006 to have our kids. I handed back my greencard officially to the Embassy in 2007. At this appointment I also had an interview aranged for a 10 year holiday visa to make sure I had no worries on any holidays we took, this was granted on the day with a note on it that I had officially handed back my greencard.

We are now going through DCF so I can only imagine how crazy they must think we are, but at least we've done everything correctly!