is this the end of my journey?? :( husband went back.

[MaRaAl 1]

Hi ok, heres the thing... I sent the paperwork for the adjustment of status and since I was having trouble providing for my husband and baby girl, my husband did the worst he went back to Mexico behind my back because he saw me all frustrated cuz I wasn't getting enough hours because I was pregnant with my second and I was and still using my credit cards to buy diapers so hes again far away from his family now bigger my baby girl is1 and 3 months and my baby boy is 2 weeks old! He of course missed the biometrics they sent me a rfe and I didn't got what they needed because he is not here anymore! Im guessing ok No, IM SURE this journey is over now he is in Mexico again hes sending me money our babies but is not enough, I wanted to have my family together, I just wanna know what should we do now? What is the new process that we should start or was it that wrong that we are going to have troubles to bring him here again? Can we file later for I-130?? I would so appreciate your answers.

[JohnR! 5,495]

His process is considered abandoned the moment he left the US. So long as you remain married and your marriage is bona fide, all you need do is begin a CR/IR process for him when he is ready to come back to the US to establish residence.

Sorry to hear about your predicament. I hope it all works out for you in the end.

Edited September 5, 2013 by Gegel

[MaRaAl 1]

Thanks for the answer!

Oh and! What about my AOS package? Do I forget about it??

Edited September 5, 2013 by MaRaAl

[JohnR! 5,495]

I am not sure I understand what you mean.

I understood you are the USC and your husband the foreigner. Did I get it wrong? What do you mean by your AOS?

[MaRaAl 1]

Sorry yeah!! im the usc, I say my cuz I did everything, sorry about that! I just wanted to know if everything that I did is lost just like my $1070 check

[aamirpearl 47]

Im confuse as to why he went back to mexico if you guys are having money problems, You already used 1070$ for AOS and now you wont get that back why cant he just wait until he get ead and than work to support you and the babies. Going back will only make things worse now you well start the process of I-130 and do interview again and this time they will make it harder on him ( hopefully not) . Plus you have a newborn baby omg sorry to say this but he is stupid for going wiithout letting you know...but i wish you good luck with the future petition though..

[JohnR! 5,495]

Unfortunately yes... The USCIS considers his process abandoned so all you did so far and the $1070 are gone.

(Full disclosure: I never heard of anyone getting their money back from the USCIS. Perhaps someone else may have...)

[MaRaAl 1]

I know I will not get it and its what hurts me the most cuz he went back cuz he saw me struggling with money and made me throw that money away cuz that's basically what I did with that money and I so need it right now since im on maternity leave without pay. And I just wanna know what to do in the future cuz I don't want my babies to be raised in Mexico, I filled all the papers and all the money used in the process was mine now is his turn, but I hate the idea us of going over there because of his huge mistake. That's why I wanna know what can we do later to bring him here cuz you don't get a lot of money working over there and babies are super expensive.

[Cathi 5,783]

how does he think going back to Mexico will cure your money problems? You just wasted $1070 because he didn't think. Not to mention that he left you alone to raise 2 small children. SMH

[Carla V 43]

Now you need to star with CR1 process to bring him back here... the thing now is that you need to file the affidavit of support and the fact you are in maternity leave means that you need a co sponsor... do you have any family member or friend that can help you with that???

Wish you the best... prayers for you!!!!

[KayDeeCee 4,895]

~ Moved from AOS from Family Based to Effects of Major Family Changes on Immigration Benefits ~

[lierre 224]

Isn't it like less than 6 months outside the US still okay?

Just wondering why it seems like him being gone for a few weeks the end. Unless, of course, he's been gone for more than 6 months or a year

Edited September 6, 2013 by ivyanddan

[KayDeeCee 4,895]

Isn't it like less than 6 months outside the US still okay?

Just wondering why it seems like him being gone for a few weeks the end. Unless, of course, he's been gone for more than 6 months or a year

Someone that enters with a K-1 cannot leave the US before filing for AOS and getting AP or their green card. If they do, they must file for a spousal visa if they wish to return.

[lierre 224]

Someone that enters with a K-1 cannot leave the US before filing for AOS and getting AP or their green card. If they do, they must file for a spousal visa if they wish to return.

Oh no. I got all confused. Sorry.

Awwww, this really sucks then. Poor OP. I hope you sort this out soon.

[Shiobhan 235]

Sorry...but he's selfish/childish, and don't want

to carry his weight, he came back, you spent that

kind of money, you all got pregnant again....and he

walked ? I would have him pay for any other filings

in the future, and when you both get together again

look into some counseling (family) his action don't

mean he is all a bad guy