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Planning to withdraw AOS application

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Avenakent Rookie

Avenakent   1

Posted
Filed: AOS (pnd) Country: Philippines
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Posted

Hi,I'm new here.I'm glad that i have found this site.For those who have an idea or have the same delimma as me,please give me your advice.We filed my AOS 1st week of January 2016 through a lawyer,had my biometric last Feb.12,2016.On Feb.23 got an RFE,it seems like our lawyer did not submit our supporting docs as it was stated on the RFE.My husband used asset to support me and we submitted everythng that is needed ,that is latest appraisal of his house,title and ownership etc.and a cover letter stating that he will use asset,but we still got RFE and this means delay on my application.Anyways,for the meantime we already sold the house and we decided to leave US and settle in Asia so our plan now is to withdraw my application because we are not going to reside here anyway.He lost his job 3 years ago.And he felt that there is nothing for him here now.I came here using my tourist visa and I'm out of status now since Oct.2015 .My question is if I withdraw my AOS and go back to my country with my husband,can I apply for a tourist visa again?or will I be banned for 10 years. I am not so after now with getting a GC,my only desire is to have a tourist visa to come here,just to visit once in a while.My lawyer is not very helpful,when i told her about our plan to withdraw she just said okay we will withdraw it! Without giving me advice and giving me pros and cons ! I hope somebody will give me an advice,I will value and appreciate all your input.

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, overstay is only forgiven when adjusting status through marriage to a USC. Since you won't be doing this, your ban will be for 3 years. Its 3 years if its more than 180 days but less than 1 year.

Did your I-94 expire in Oct 2015? What is the exact date that said you needed to leave the US by? If you leave before the 180 days then you won't be subject to the ban.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted (edited)

So that means your 180 days will be up on April 5, 2016. If you leave after this date, then yes, you will receive the 3 year ban.

Leaving after October 8, 2016, you'll receive the 10-year ban.

Regardless of the bans, as stated above, you will have a harder time receiving a tourist visa most likely because of your overstay.

Edited by teeak

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Avenakent Rookie

Avenakent   1

Posted
Filed: AOS (pnd) Country: Philippines
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Posted

I guess we really have to think about it.Time is ticking.Thank you very much for your info!I really appreciate it,it will guide us with our decision making.

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TBoneTX Grand Master

TBoneTX   45,273

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Good luck in your situation.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Lenny&Sanna Rising Star

Lenny&Sanna   114

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

Welcome to the site and good luck on the situation you're in! Wish you the best!

I-129F Petition
Service Center: Texas Service Center
I-129F Sent: 3/17/14
I-129F NOA1: 3/24/14
Alien Registration Number Changed: 3/25/14
I-129F NOA2: 8/25/14
Sent to NVC: 8/28/14
NVC Received: 9/8/14
Case # Assigned: 9/9/14
Left NVC: 9/11/14
Consulate Received: 9/16/14
Packet 3 Received (Instructions/Checklist): 9/19/14
Packet 3 Completed: 9/23/14
Medical Scheduled: 10/15/14
Packet 4 Received (Appointment Date): 10/2/14
Interview Date (Helsinki Consulate): 10/27/14
Interview Result: APPROVED!
Visa Received: 10/31/14
POE/Baltimore (BWI): 12/9/14
Married: 1/12/15
 
Adjustment of Status I-485
Service Center: National Benefits Center
I-485 Sent: 1/24/15
Delivered to Chicago Lockbox: 1/27/15
Check Cashed by USCIS: 2/2/15
NOA 1: 1/30/15
Biometrics Appointment: 3/13/15
Biometrics Completed (USCIS Baltimore) 3/13/15
Letter from DHS Advising of Potentially no Interview Required for our Case: 6/15/15
Case Transferred to Kansas City Missouri Field Office: 1/26/16
RFE Received Wanting a New Vaccination Supplement: 2/4/16
Appointment Scheduled with Civil Surgeon: 2/15/16
Appointment Cancelled due to Weather Conditions: 2/15/16
Appointment Re-Scheduled with Civil Surgeon: 2/16/16
Civil Surgeon Completed I-693 Vaccination Supplement Needed: 2/16/16
RFE Response Sent to Kansas City Field Office via USPS: 2/16/16
Delivered to USCIS Field Office by USPS: 2/19/16
Signed Return Receipt Receipt in Mail from USCIS: 2/22/16
I-485 Notification Application APPROVED - No Interview: 2/23/16
NOA 2 Approval Notice Received Through Mail: 2/27/16
Green Card Sent Through Mail Notification: 2/26/16
Received Card in Mail: 3/2/16
 
Employment Authorization I-765
Service Center: National Benefits Center
I-765 Sent: 1/24/15
Delivered to Chicago Lockbox: 1/27/15
NOA 1: 1/30/15
Biometrics Appointment: 3/13/15
Biometrics Completed (USCIS Baltimore) 3/13/15
EAD Approved: 3/30/15
Received Card in Mail: 4/8/15
---------------------------------------------
Sent Renewal I-765 to Chicago Lockbox: 1/30/16
Delivered to Chicago Lockbox: 2/3/16
NOA 1: 2/8/16
Biometrics Appointment: 3/2/16
No need to get them done due to getting Green Card
 
Removal of Conditions on Residence I-751
Service Center: Vermont Service Center
I-751 Sent: 1/16/18
Delivered to Center: 1/19/18
 NOA 1: 1/24/18
Case Approved: 4/2/19
GC Received in Mail: 4/15/19
 
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malva0053 Newbie

malva0053   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Regardless once you and your husband leave the country that Green Card will be null and void...That green card is for permanent residents. If you and your husband decide to move. Yes, the Tourist Visa will be a bit more difficult but not impossible especially if you prove that you moved away permanently. Just have to make a good case that you don't wish to move back to the U.S. just want to visit and go back with or to your husband.

Good Luck

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Avenakent Rookie

Avenakent   1

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
  • Author
Posted

Hi Malva0053 thanks for your insight.You guys are awesome here in vj!This will help us weigh the pros and cons in making our final decision.

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