AP card to expire while Abroad - AOS application pending

[jcr7519 0]

I'm not so convinced they are in China.

also,

CAn I ask why you say her AOS will be abandoned - have you or other VJ members experienced this ?

Usually the AOS is considered abandoned if the AOS seeker left the USA before the greencard is awarded.

However, for a K-1 visa holder, the rules are different.

IMO, she should transit back into the USA this week or next,

then stay inside the USA long enough to file for and receive a new AP card. Sure, the AP card is mutilated, but she has all pieces, and she will be ok getting on the plane and exiting a POE with a mutilated but complete AP card.

Something is really amiss with the green card issuance, IMO.

thanks for your feedback. we found out what was up with the GC - RFE mail was overlooked (don't ask) and as a result the requested document never supplied.

due to this, upcoming AP expiration and our circumstances living in China for the next 11 months our strategy should be to forget the AOS and apply for a spousal visa via DCF. This will save us the most time and money, all things considered.

I'm not sure why you're not so convinced we are in China. My wife AND I have been in China since January 2013 - neither of us have been back to the US since. I'm laying out our situation honestly and in good-faith on this forum for the benefit of my family and also hopefully for the benefit of others.

[jcr7519 0]

If you failed to respond to an RFE then it's a guaranteed denial. The AP and EAD are also invalidated the day the I-485 is denied. If it hasn't been formally denied yet then it's only a matter of time.

You should pursue the spousal visa route at the appropriate time; the AoS is dead.

Your wife would not be able to travel to the US before you once her visa was approved, you would need to either accompany her or she travels subsequent to you. The reason for this is that the visa is meant for "family reunification" purposes, and by definition you would be the family she would be "reunifying" with, so she must either travel with you or you would need to be present in the US already before she could travel.

Thanks Hypnos. Very clear.

You answered a question we had in your last paragraph > "Your wife would not be able to travel to the US before you once her visa was approved"

Hopefully her Visa will be valid for us to travel back to the US together Oct 15th 2014 at the end of my work assignment. If the visa were to expire before this date, I understand I'd have to either

1) travel with her back the US and return to China myself to complete my assignment

2) travel with her back the US and remain there with her, terminating my assignment early

[jcr7519 0]

Good question about the DCF, I'm honestly not sure one way or another.

I'd suggest posting on the DCF board: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ where I'm sure someone would know.

Thanks. I've created a post on the DCF board. Here's the link if anyone is interested:

http://www.visajourney.com/forums/topic/467947-is-6-months-continuous-physical-residency-required-for-dcf-eligibility/

[Darnell 8,478]

3. thanks for your feedback. we found out what was up with the GC - RFE mail was overlooked (don't ask) and as a result the requested document never supplied.

2. due to this, upcoming AP expiration and our circumstances living in China for the next 11 months our strategy should be to forget the AOS and apply for a spousal visa via DCF. This will save us the most time and money, all things considered.

1. I'm not sure why you're not so convinced we are in China. My wife AND I have been in China since January 2013 - neither of us have been back to the US since. I'm laying out our situation honestly and in good-faith on this forum for the benefit of my family and also hopefully for the benefit of others.

1. Apologies - it wasn't clear after me reading yer stuff. Thanks for clearing it up. DCF in China will be your best bet, IMO.

2. Yup, chase after DCF.

3. I'll bet it was a USPS forward notice that tripped you up. USCIS postal mail is never forwarded by USPS, at least not forwarded by the USPS carriers that can actually read the notice on the outside of the envelope 'DO NOT FORWARD'. Usually, to find out if any returned postal pieces, one calls into USCIS, gets an ISO, a Tier 2 Human, and inquires about returned postal pieces. It's a PITA, to be sure, and can crush many things when people fall outside the RFE response window.

so, for now, consider the Adjustment of Status abandoned, and you two will chase after an immigrant visa::spouse - best to chase after that about 3 months prior to your last contract date. Be certain to handle the domicile requirement on the I-864, and note there are 2 paths for evaluation, and they are different for evidence - 1] maintaining usa domicile or 2] re-establishing usa domicile. 2 is much easier to handle, IMO.

Go Get Em, and Good Luck !