Visa Approved but left America after three months

[aoifemc 2]

Hi Everyone!

It's been a long time since I've been on visajourney and alot of emotions are flooding back!! What a journey we've had! In May 2011 I was approved for a fiance visa and we left for Phoenix Arizona on the 28th June 2011. In October 2011 myself and my husband had left Phoenix and had returned to Ireland (he is a dual citizen, neither of us had even been to the States before the 28th June!!!!)It was a huge culture shock to move from Ireland to Phoenix and we found it more difficult than we had ever imagined. The heat in Phoenix did not help the situation!! We spent 3 months trying to adjust and my husband tried so hard to get a job as an electrician but with no luck. He was working as a waiter and we were living with his Dad and Stepmom. So I submitted all my papers for a work permit and an adjustment of status. Within a week of doing this we decided to leave Arizona. We cancelled the cheque we gave to USCIS and got it back because it hadnt been processed yet. We bought flights to New Zealand and have been living and working here for the last year. However the both of us have always felt like we gave up on The States too soon, it was out first time away from home and we feel like we did everything the wrong way around! A year in New Zealand first would have greatly benefited us and prepared us for a new life in America. We received letter from USCIS in the months after our abandoned AOS application saying that we still had an obligation to pay the 1700 dollars or whatever it was but we just ignored the letters and got on with life. I really regret giving up my opportunity to live in America. Its amazing the things you realize in hindsight!

So to finally get to the question! Does anyone have any information supporting the fact that I might be able to get a spousal visa? We really want to give it another shot but I'm worried that we'll get denied straight off the bat because of the way we just abandoned the last visa.

Thanks for your help!

Aoife

[Kathryn41 3,205]

topic has been moved from the K-1 forum as the OP is married and asking about the CR-1 visa

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moderator hat off -

You may have some issues with left over business at USCIS that might come back to haunt you While you are certainly allowed to file a petition to sponsor your spouse back to the US, you will have to address the previously filed I-485 application. You cancelled the cheque but it doesn't sound like you officially notified USCIS that you were withdrawing from the process. Now, with the cancelled cheque it could be seen that you submitted an incomplete application - and they should have sent it back as incomplete - but they may also have started processing on it before they determined that the cheque had been cancelled. If that is the case, then yes, you would be required to pay the outstanding prior AOS amount before they would entertain another petition. You might wish to consult with a knowledgeable immigration lawyer in the US to see if he can verify if you have a returned petition as an incomplete submission - or an outstanding debt for a partially processed - and ultimately denied - application.

[Xanax 349]

Hi Everyone!

It's been a long time since I've been on visajourney and alot of emotions are flooding back!! What a journey we've had! In May 2011 I was approved for a fiance visa and we left for Phoenix Arizona on the 28th June 2011. In October 2011 myself and my husband had left Phoenix and had returned to Ireland (he is a dual citizen, neither of us had even been to the States before the 28th June!!!!)It was a huge culture shock to move from Ireland to Phoenix and we found it more difficult than we had ever imagined. The heat in Phoenix did not help the situation!! We spent 3 months trying to adjust and my husband tried so hard to get a job as an electrician but with no luck. He was working as a waiter and we were living with his Dad and Stepmom. So I submitted all my papers for a work permit and an adjustment of status. Within a week of doing this we decided to leave Arizona. We cancelled the cheque we gave to USCIS and got it back because it hadnt been processed yet. We bought flights to New Zealand and have been living and working here for the last year. However the both of us have always felt like we gave up on The States too soon, it was out first time away from home and we feel like we did everything the wrong way around! A year in New Zealand first would have greatly benefited us and prepared us for a new life in America. We received letter from USCIS in the months after our abandoned AOS application saying that we still had an obligation to pay the 1700 dollars or whatever it was but we just ignored the letters and got on with life. I really regret giving up my opportunity to live in America. Its amazing the things you realize in hindsight!

So to finally get to the question! Does anyone have any information supporting the fact that I might be able to get a spousal visa? We really want to give it another shot but I'm worried that we'll get denied straight off the bat because of the way we just abandoned the last visa.

Thanks for your help!

Aoife

You can still come and live in the US! Try again. For some people it takes months or even years to adjust to where they feel comfortable in a new country.

I have to say living in the US, Australia and New Zealand, none are alike. I lived in Australia most of my life and the culture shock for me moving to the US was still huge. I cannot compare NZ to the US at all. I actually think Australia is more like the US than New Zealand so you will probably still notice all those same differences and nuances though you will know what to expect from last time.

[aoifemc 2]

thanks for your reply. Do you think if we paid the outstanding fee then we would have a good chance of being processed just like everyone else or would there be a black mark against us still?

[aoifemc 2]

Do you really think we could try again? Sometimes I cannot believe that we had a visa and that I was in America and we gave it all up! Hindsight is a terrible thing! I'm just worried they would deny us immediately because of the abandoned AOS. I think we adjusted to Auckland really well. It's very similar to Ireland. Phoenix was so hard! The heat is overwhelming and its not very fun! I think we would have to make a much wiser decision about where to live if we were to be granted another visa!

[Penguin_ie 5,993]

You can absolutely try again. Once you clear up the AOS issue there should be no black mark against you. You will be asked about the K1 at interview, and just tell the truth.

[aoifemc 2]

Thanks Penguin_ie. I remember talking to you when I was doing the k-1! We're thinking about doing a DCF as USC is Irish Citizen aswell and it would save the hassle of applying for greencard. I've just read up on it today, it seems too good to be true! How would you go about doing the affidavit of support though if the USC didn't have a job in the states because we were living in Ireland? Would you use Irish job? Would you need a co sponsor if the USC didn't have a job lined up yet? Thanks

[Ryan H 3,812]

Thanks Penguin_ie. I remember talking to you when I was doing the k-1! We're thinking about doing a DCF as USC is Irish Citizen aswell and it would save the hassle of applying for greencard. I've just read up on it today, it seems too good to be true! How would you go about doing the affidavit of support though if the USC didn't have a job in the states because we were living in Ireland? Would you use Irish job? Would you need a co sponsor if the USC didn't have a job lined up yet? Thanks

DCF is no longer available in Ireland. The USC petitioner will require a joint sponsor.

[aoifemc 2]

Can we apply from New Zealand where we are living now? Or does the non USC have to be a resident of the country they are applying from? Thanks

[Ryan H 3,812]

Can we apply from New Zealand where we are living now? Or does the non USC have to be a resident of the country they are applying from? Thanks

The petition can be sent to the US from New Zealand (DCF is not available in NZ as well). You will be able to interview at the Consulate in Auckland.

[aoifemc 2]

Thank you, you've been very helpful!

[Penguin_ie 5,993]

Yep you need to petition via the Chicago Lockbox. The good news is that petitions from abroad get auto expedited so it should only take a few months. And yes, by doing the CR-1 spousal visa you will get a greencard upon entry to the USA, no Adjusting Status needed.

In terms of the affidavit of support, we sponsored me visa assets (savings, a house already bought in the USA to move into). Getting a co-sponsor is also an option.

[aoifemc 2]

Do you mean if we apply from New Zealand it would get auto expedited? So it would be quicker to apply here instead of Ireland? Does you know as well what department I should contact in USCIS? I've sent a few emails but no luck.

[aoifemc 2]

I've just been reading up on that and got my answers about auto expedition, thanks. I forgot how good this website is!! Now I just need to clear up the outstanding fee issue!