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Daughter abandoning her K2/AOS - Implications for future visits?

By KLB in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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KLB Explorer

KLB   3

Posted
Filed: K-1 Visa Country: United Kingdom
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So both myself and my daughter arrived in the US on May 28th I married my Fiancé and everything was fine or so we thought. My Daughter who came with me on a K2 has decided that she is returning to the UK (She is 18). Naturally I'm devastated but in need of advice ...

We filed for our AOS on at the beginning of August her I-94 expired on 25th August.

Does anyone know what kind of paperwork she needs to obtain upon leaving the US a) so they know she has left and b) so that when she applies for a Esta Visa to visit in the future she is not denied.

I am assuming she will be able to apply for an Esta in the future as technically she has never been denied a visa or entry and does meets all the other requirements for an Esta. I am also assuming the fact that she is leaving after her I-94 has expired and that fact we did file for AOS means she has not overstayed. Is there anyone that would have any advise with regards to this?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

She would need to send a letter to the office where her I-485 is currently processing and formally withdraw it.

Provided she departs the US then she should be fine to apply for and use ESTA and the VWP again in the future.

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry is about AOS withdrawal process, no longer K1/K2~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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KLB Explorer

KLB   3

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

She would need to send a letter to the office where her I-485 is currently processing and formally withdraw it.

Provided she departs the US then she should be fine to apply for and use ESTA and the VWP again in the future.

Thank you Hypnos I truly hope it's going to be that simple. She leaves on Wednesday this week. Do you think we need to give USCIS a certain amount of time to process the withdrawal notice before she applies for an Esta?

Btw she her I-94 was on the new electronic system. I assume her departure will be automatically be recorded also?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You'll be dealing with two different agencies (USCIS in the US, CBP with regards to visas and entry) so it shouldn't make a difference.

I would keep copies of all correspondence just to be on the safe side.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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