Please can I get some advice

[bignije 0]

Hi

I filed for AOS from a K-1 visa back in February 2010. After several months of unsuccessfully trying to find work, I decided to return to the UK (with my wife) as I got a job offer back here.

I had not at this time got anything through about my AOS application and assumed that on leaving the country the I-94 they took out of my passport would inform them that I was no longer trying for AOS.

I this week recieved a letter (someone picked up the mail from my old address for me) saying that I had not appeared for an interview in November etc and had 30 days to appeal. I hadn't received a letter to my knowledge although I guess with not living at the address anymore it could be an item of mail that hasn't been forwarded to me.

Now: In a few months time we would like to return to the US and were considering applying for spousal VISA by DCF in London. Will the current position of my AOS affect my application for a VISA? Should I call USCIS to explain the situation? I assume that they think I am still in the country if they have sent me interview appointment letters? I know I have made such an almighty mess of this but please can someone let me know where we stand?

Thanks in advance!

[JimVaPhuong 4,863]

USCIS doesn't automatically know that you've left the US. They have to actually look at the computer record in order to determine that, which is something they would have done at the green card interview.

You abandoned your green card application when you left the US. Send a letter to the field office where your green card interview was scheduled. Include a copy of the letter you received. Inform them that you left the US with your wife to accept employment in the UK, and have abandoned your green card application. Hopefully, that will clear everything up with USCIS in time for you to file a DCF.

Bear in mind that your wife is still going to be required to sponsor you with an I-864. She'll have to prove sufficient income AND that she is domiciled in the US or has taken concrete steps to reestablish domicile. If she can't then she'll need a qualified joint sponsor.

[bignije 0]

Hi

Thanks for the response!

We intend to file for the DCF and then my wife return immediately to the U.S. to gain employment, thus enabling her to sponsor me.

As she has only been in the UK 6 months she has previous tax returns that show her income above poverty level, so hopefully this will work.

Thanks again

[JimVaPhuong 4,863]

Hi

Thanks for the response!

We intend to file for the DCF and then my wife return immediately to the U.S. to gain employment, thus enabling her to sponsor me.

As she has only been in the UK 6 months she has previous tax returns that show her income above poverty level, so hopefully this will work.

Thanks again

They want the tax return for the most recent tax year. After April 18th that will be the 2010 tax return. They often also want evidence that the sponsor is still receiving income, such as a recent letter of employment. I'm just warning you ahead of time because many people who file DCF aren't aware of the details, and it ends up biting them in the backside at the interview. If you can line up a joint sponsor it will help avoid any potential problems.