Urgent..Help! Left while AP pending

[Ashmine 2]

@Coco8 yeah I think that's his logic...he was expecting us to already have it. Because our last AP only took a few weeks to get. 

[Going through 5,671]

From what I understand from the OP, the person has now been outside the US for 30 days...am I reading this right?

 

If so, then yes USCIS will absolutely assume that he has abandoned his application.

Edited August 3, 2017 by Going through

[Ashmine 2]

@Going through no, he's only been gone 4 weeks and wanted to come back after a few days but our lawyer advised against it.

[Springrain22 427]

He won't be able to come as his K1 visa is already expired and he has not finished his AOS, so he literally has no visa or any other right to enter the country. File for IR1/CR1 visa, it will take 12-14 months to get a visa.

 

You can travel to see him. Of course, he can try to apply for a tourist visa but I highly doubt he will get one because: a) Morocco is considered as a high-fraud country, and b) he already had K1 filed for him so he has all intentions to stay in the US.

 

 

[Going through 5,671]

Just now, Ashmine said:

@Going through no, he's only been gone 4 weeks and wanted to come back after a few days but our lawyer advised against it.

Your lawyer is a moron, sorry.

 

You're going to have to start from square one again, most likely.  

[geowrian 22,338]

4 minutes ago, Coco8 said:

Maybe he wants to check whether the AP was produced before he left and it is in the mail? Maybe that way they get lucky? But he has left for a month and no AP in the mail, so I doubt it, most likely the case was abandoned.

 

I guess this is another advantage of doing a IR1/CR1 visa rather than K1.

It's possible that's the thought. If AP was approved but not received prior to his exit, it's technically still valid and can be sent to him abroad (i.e., after getting it in the regular mail). But that is a long shot, and not likely at this point (both in the timeline to get AP approved, and that it doesn't take ~30 days to mail).

 

Mhm.

[Going through 5,671]

I have to ask this---what reason did your lawyer give for NOT coming back "after a few days"?  I mean jeez...yes he did leave the country without getting the AP required first...but at the very least he would have had SOMETHING on his side if trying to claim he hadn't abandoned his application by only staying a few days ...I mean, it probably wouldn't have worked since he wasn't supposed to leave without the AP but it would have been SOMETHING going for him, y'know?

 

I just cannot fathom why the lawyer would have thought it better to just continue to rack up unauthorized days outside of the US instead, which would lead to the abandonment of the application.  Makes no sense.  Is the lawyer an immigration lawyer, or another kind of lawyer?

[Ashmine 2]

@Going through he practices in a few areas but is primarily immigration..yeah idk, my husband has been trying to come back for weeks and we keep asking him and he's like no, just stay there.

[NigeriaorBust 4,087]

  I think you are also dealing an overstay issue.     You don't have a timeline so it is tuff.   He arrived on a K1 ( what date ? )  You married and applied for aos ( what date )  he got AP/EAD card but you pulled the support so it was voided ( hopefully he didn't work after that date as he had no authorization )    You reapplied to AP/EAD ( what date ? )    and he left without it being approved.   You said you have been married about 2 years ( definitely overstayed his K1 )   and he has never been approved to be here since you pulled the first AOS filing.   

[Coco8 1,042]

It could be overstay as said above, but also if he is from Morrocco he needs a visa to get into the US. His K1 is not valid. How were you planning for him to get on the plane to the US? 

 

[Going through 5,671]

2 minutes ago, Ashmine said:

@Going through he practices in a few areas but is primarily immigration..yeah idk, my husband has been trying to come back for weeks and we keep asking him and he's like no, just stay there.

Maybe the lawyer is saying "no, just stay there" because he realizes that legally he won't be able to cross the border anymore.

[Ashmine 2]

@NigeriaorBust There's no overstay, at least not one that's significant . I pulled the 485 but reapplied almost immediately. He's just been in pending status since then, didn't overstay his K1 as we got married prior to it expiring. 

[Coco8 1,042]

3 minutes ago, Ashmine said:

@NigeriaorBust There's no overstay, at least not one that's significant . I pulled the 485 but reapplied almost immediately. He's just been in pending status since then, didn't overstay his K1 as we got married prior to it expiring. 

If he didn't get AP and the AOS is abandoned, basically he has an overstay. Pending AOS guarantees you as long as you don't abandon it or you don't pull it. 

 

Getting married within the 90 days is not enough for not overstaying because he left. 

 

Can you give us some rough dates on when he got into the US with K1, when did you get married (before 90 days? after?), when you AOS first time, when pulled out, when AOS second time?

 

 

 

 

Edited August 3, 2017 by Coco8

[Transborderwife 4,666]

Time to file for a spousal visa 

[IcezMan_IcezLady 582]

45 minutes ago, Ashmine said:

@NigeriaorBust There's no overstay, at least not one that's significant . I pulled the 485 but reapplied almost immediately. He's just been in pending status since then, didn't overstay his K1 as we got married prior to it expiring. 

By immediately, do you mean the same day? unless you thin one day overstay is not an overstay.