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Filed: Timeline
Posted
19 minutes ago, geowrian said:

Okay, but even if he paid the right amount and they started processing the AOS application, it wouldn't have mattered because AP wouldn't have been accepted prior to her leaving.

Well yes, it's always possible that USCIS could miss something, but I wouldn't count on it. Either way, it's illegal to do so and is not an activity to be discussed in VJ.

Gotcha.   But if he would have sent it in and had the right amount of money, and she left before they started processing the application, how would they have handled that?  I'm assuming they'd deny it and let him know to send in a CR1 instead, right?  The fact that he sent in for AOS and she technically abandoned it due to an emergency wouldn't cause them any issues with the CR1 application would it? 

Posted (edited)
24 minutes ago, jmana said:

Gotcha.   But if he would have sent it in and had the right amount of money, and she left before they started processing the application, how would they have handled that?  I'm assuming they'd deny it and let him know to send in a CR1 instead, right?  The fact that he sent in for AOS and she technically abandoned it due to an emergency wouldn't cause them any issues with the CR1 application would it? 

Well, she wouldn't have a way to get back into the US w/o the AP document. And if she left until AP was eventually approved, she still wouldn't be allowed to use it because her application was abandoned the moment she left the US. They *should* be able to see this upon re-entry - when she shows the CBP officer her re-entry documents and they check her status. Hoping they don't check or notice is not only dangerous, but illegal...and that doesn't belong here. Anything illegal could potentially result in penalties, making future immigration attempts far more difficult. The next step, if that were to happen, would be to file for a CR-1 visa, and wait the 12-18 months for approval.

Then again, at this point it's all hypothetical, so let's not delve too far down that path and stay focused on what actually happened.  :) She left the US w/o AP, so the next step is to file for a CR-1 (or maybe he wants to immigrate to her country if that doesn't work?). As noted previously, she can attempt to obtain and use a tourist visa to visit him (but not overstay!), but the circumstances surrounding how that would play out can vary based on other factors, which is beyond what I can answer.

Good luck to your friend!

Edit: No, since the application was never even accepted, I can't foresee how they would hold that against her. She will likely have to explain, at some point, why she left the US, but I don't think her story would raise any particular flags.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Timeline
Posted

Well she already has a tourist visa and never overstayed so I guess she's ok on that.   The reason I ask about the sending in of the AOS application is after talking to him I found out that he took my advice and wrote the correct amount for the check and sent it all back in since that was all they had requested him to do.   Now I'm worried that I gave him bad advice and I don't want to screw up their process.  

Posted

So he has filed the paperwork for AOS even though she is not in the country? He needs to withdraw that. There will be no refund of the fee if the payment has been accepted and cashed. 

 

He needs to start again with the correct paperwork for a CR-1. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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