Abandon AOS and apply for CR1 later

[M1515 0]

Hi,

 

Hoping someone can shed some light on my query.

 

I arrived in the US on my K1, got married and have applied for the EAD/AP/AOS. AP and EAD combo card has been issued but the AOS is still pending (I have done my bios).

 

I have received a job offer back in Australia though and My wife and I are looking to head back there for a year or two, then return to America to settle down in 2018/2019.

 

I have 2 main questions...

 

1 - Can I abandon my AOS by informing the USCIS of what we are looking to do and not be penalised for doing this? Essentially I am wanting to make sure this will not affect any future applications we make together (CR1).

2 - Can my wife petition for me from abroad (Australia) for the CR1 visa. She will keep a permanent address in the US, stay on the voter roll, maintain bank accounts and share portfolios, and we will be treating this move to Australia as a temporary one.

 

Thanks again to anyone that can help me.

 

[NancyNguyen 1,657]

Do it as you will, it will be IR1 by the time you are ready to come back.

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Post is related to the consequences of abandoning this process.

 

There should be no consequences that could affect having to apply for a CR1 if or when you decide to come back. I would, however, send a letter to USCIS letting them know that you want to withdraw the AOS application so that they know that they don't need to move forward with it. I would also keep a record of this, even if it's not necessary.

 

Your wife should be able to send the petition from Australia without a problem. Unless something's changed, she just needs to show that she has not abandoned domicile in the US or that she has re-established it.