Abandoned AOS from VWP

[cklaus10 0]

Hi all-

I am a US citizen who married a Portuguese citizen that was in the states on the VWP. She came over with no intent to immigrate, and we married about 2 weeks before the 90 days. We sent in all the proper paper work for her I-485 AOS and my I-130 before her 90th day. We received all NOA’s for the I-130, I-485, and the I-765. We did not however apply for AP.

She went through biometrics and received her work authorization. About that time she returned home to Portugal for personal reasons. Obviously without AP. This was about 2 months after receiving the NOA’s for the acceptance of all applications.

I know that her I-485 is now considered abandonded. I actually just received our interview notice last week for middle March. Obviously we will not be going to that. I have not notified USCIS of her leaving up to this point.

Now she and I would like her to return. I have researched this a bit but am looking for some more direction if possible.

How and who should I contact?

Is my I-130 petiton still valid? If it is, will it be approved and can she consular process at the US embassy in Portugal?

I read something about having the I-130 transferred to the NVC, how can I do this?

Again just looking to get back on the right track after some unfortunate events. Thank you for any help any of you may provide…

[YuAndDan 153]

These are good questions for an info-pass appointment.

http://infopass.uscis.gov/

I would suspect, the I-130 may be preserved and the I-485 abandoned, but you will have to talk with a person at the field office.

Bring everything with you, Notices of action, evidence of travel home, etc...

I-485 gets derailed when USCIS pulls records and discovers ENTRY/EXIT after the I-485 is filed.

[Brother Hesekiel 2,236]

I'm fairly sure your I-130 is still good, so that saves you $420. You just have to inform USCIS that the AOS petition has been abandoned so that the thing goes to NVC and then to the US embassy in Portugal where she'll apply for a CR-1 visa. She'll need all the AOS paperwork for that, plus the interview will be in Portugal. She'll enter the US as a lawful permanent resident and gets her Green Card in the mail. The only big offset is that you spent $1,070 that you won't be able to get back.

[cklaus10 0]

Thank Just Bob and Yu and Dan. Both answers are what I have been seeing in my research.

Do either of you have any idea of processing times once I notify USCIS to send to NVC?

Thanks again.

[YuAndDan 153]

Thank Just Bob and Yu and Dan. Both answers are what I have been seeing in my research.

Do either of you have any idea of processing times once I notify USCIS to send to NVC?

Thanks again.

No idea, normally I-130 is handled by an adjudicator at the service centers, in this case it is probably sitting in field office waiting for the outcome of interview. Probably will send back to a service center where it will go through the normal I-130 process. (anywhere from 1-5 months would be my guess.)

[cklaus10 0]

Thank you!