Requirements to file I-130 After AOS Abandonment

[rms171 20]

Hello,

My wife, unfortunately, had to leave the US before receiving her advance parole (we were married under her K1), and did not have an opportunity for an emergency request. So, we now have to file an I-130 to bring her back, presumably for a CR-1 visa. My attorney has informed me that her petition to adjust status was abandoned when she left the USA, adn thus a formal letter is not required to ask for this withdrawal. I can simply articulate the facts and provide her receipt numbers in order to avoid conflicting petitions in the system. .

Questions:

*When filing the I-129F for her K1, the attorney attached a memo from the USCIS that said that the G-325A did not need to be signed or nor passport photos provided by the foreign beneficiary as she was overseas. Is this guidance relevant for the I-130 as well? A new I-129F must be filed after the receipt for the I-130 is acknowledged by the USCIS so I'd like to be clear on submission expectations.

*The timing of my wife's departure was as as such that she left about a month after we were married, and thus we did not have the opportunity to commingle assets, and engage in activities that clearly establish the bona-fide nature of our marriage. With that said, she was here, I have proof she lived here, including enrollment of her son in school, medical bills, her name on my lease, and she uses our credit cards where she lives. Is a Cr-1 still a good idea, or better to go for a K-3? The cost of one over the other is not relevant insofar as my choice, solely which enables here to re-enter the US without an inquisition at the embassy as soon as possible.

Thank you and my the journey begin again.

Michael

[Hypnos 6,576]

K-3s are tantamount to obsolete; you would be filing for a CR-1.

[phd1974 17]

You would not file a I-129F, you will need to file an I-130 (CR-1) ... and more waiting. Follow the instructions for the I-130 petition.