Can I re-enter the US?

[Going through 5,671]

Just now, Tristan1978 said:

Looking back through emails to my lawyer, I believe that the Form I-485 was submitted

 

You need to contact your lawyer and confirm...you would have had to sign the application before it was submitted.

The i-485 is the application to adjust status.

[Tristan1978 133]

1 hour ago, Going through said:

You need to contact your lawyer and confirm...you would have had to sign the application before it was submitted.

The i-485 is the application to adjust status.

Thank you, once he has confirmed... what then?

[Crazy Cat 41,845]

You left prior to AOS was filed? And before approved AP.......you may have abandoned your status.....you are going to face some very serious questions whenever you try to reenter the US.  

I recently saw a case where this kind of thing resulted in denial of Removal of Conditions.  You will need a very good attorney imho.

Good luck to you.

[Tristan1978 133]

1 minute ago, missileman said:

You left prior to AOS was filed? And before approved AP.......you may have abandoned your status.....you are going to face some very serious questions whenever you try to reenter the US.  

I recently saw a case where this kind of thing resulted in denial of Removal of Conditions.  You will need a very good attorney imho.

Good luck to you.

My lawyer submitted all of the paperwork after I had to return back to the UK, it's only now that I have found out that he filed it as an AOS and not for consular processing, even though he has charged me for consular processing.

 

How is this my fault?

[geowrian 22,337]

13 minutes ago, Tristan1978 said:

Thank you, once he has confirmed... what then?

First, I suggest getting more engaged in the process. It seems like you aren't really sure of what the process is, what you need to do, or what the lawyer did. Immigration requires the cooperation and constant involvement of everybody.

 

Second, confirm what was filed. I-485 alone? Was an I-131 or I-765 also filed with it? If so, what's the status of it? Did you do biometrics yet?

If the I-485 was filed along with an I-131, and the I-131 was approved prior to leaving the US, then AP will be coming in the mail. Your spouse can send that to you, and you can use it to re-enter the US.

If all of the above did not happen (I'm assuming not), then you have no means to re-enter the US and are unlikely to get a non-immigrant visa.

 

If the I-130 indicated that you were going to  do AOS, it may have been sent to the National Records Center (NCR). The next step would be for the petitioner (or their attorney) to contact USCIS and 1) verify where the I-130 is right now, and 2) if it's at NCR, then request that it be sent to NVC to go through consular processing.

[Tristan1978 133]

2 minutes ago, geowrian said:

First, I suggest getting more engaged in the process. It seems like you aren't really sure of what the process is, what you need to do, or what the lawyer did. Immigration requires the cooperation and constant involvement of everybody.

 

Second, confirm what was filed. I-485 alone? Was an I-131 or I-765 also filed with it? If so, what's the status of it? Did you do biometrics yet?

If the I-485 was filed along with an I-131, and the I-131 was approved prior to leaving the US, then AP will be coming in the mail. Your spouse can send that to you, and you can use it to re-enter the US.

If all of the above did not happen (I'm assuming not), then you have no means to re-enter the US and are unlikely to get a non-immigrant visa.

 

If the I-130 indicated that you were going to  do AOS, it may have been sent to the National Records Center (NCR). The next step would be for the petitioner (or their attorney) to contact USCIS and 1) verify where the I-130 is right now, and 2) if it's at NCR, then request that it be sent to NVC to go through consular processing.

From my emails I can see he has also filed for the i131

[geowrian 22,337]

1 minute ago, Tristan1978 said:

From my emails I can see he has also filed for the i131

Was it approved? Was the approval before the date you left the US?

[NikLR 13,227]

50 minutes ago, Tristan1978 said:

My lawyer submitted all of the paperwork after I had to return back to the UK, it's only now that I have found out that he filed it as an AOS and not for consular processing, even though he has charged me for consular processing.

 

How is this my fault?

He filed the paperwork after you left? Then it doesnt matter if he filed the AOS or the I-131. 

Your wife or the lawyer will need to contact the USCIS and have the I-130 routed to the NVC. 

Edited October 30, 2017 by NikLR

[milimelo 4,477]

Sounds  like you need I-824 to move your approved I-130 to NVC for consular processing. 

[MyJourney 276]

If the purpose is being together, not necessarily in the US, have your wife come over while you wait for your immigrant visa approval. 

[Tristan1978 133]

6 minutes ago, NikLR said:

He filed the paperwork after you left? Then it doesnt matter if he filed the AOS or the I-131. 

Your wife or the lawyer will need to contact the USCIS and have the I-130 routed to the NVC. 

 

Just now, milimelo said:

Sounds  like you need I-824 to move your approved I-130 to NVC for consular processing. 

Thank you both, I'm going out of my mind with worry about this... would you have any idea how long from filing an i-824 it would take for the NVC to receive my approved i-130?

[Tristan1978 133]

Just now, MyJourney said:

If the purpose is being together, not necessarily in the US, have your wife come over while you wait for your immigrant visa approval. 

She has been over at the end of September and is coming for Christmas and New Year... I just dont have the heart to tell her there will be further delays.

[MyJourney 276]

Just now, Tristan1978 said:

She has been over at the end of September and is coming for Christmas and New Year... I just dont have the heart to tell her there will be further delays.

I understand you. I am also trying to bring my wife to the US. We are also so tired of being together on and off periodically due to visa restrictions....
But if you overstayed, then meeting in the US may be difficult. 

[MyJourney 276]

Right now I am in the process of preparing my petition. I am also accumulating as much leave time as possible at work so that I can visit her. She visited on ESTA twice. On the last one we miscalculated the number of days and the return date was one day off the permitted limit. The CO informed my wife about the potential overstay at the time of the entry (which was nice).  We changed the return date on the ticket (with a hefty fee) to comply. 
We are hoping she may visit for the third time. After that, I am planning to visit her. That will put us at about 6-7 months by that time our petition may progress far enough to see the light at the end of the tunnel. 

Edited October 30, 2017 by MyJourney

[NikLR 13,227]

I would try without the I-824 first.  Generally you only need that if the case has not been touched in a year or more.  

If your wife cannot talk to a tier 2 and  get the case moved over she can also make an infopass.  She should also get a refund from the lawyer for the  $1225 she wasted on the AOS that was filed AFTER you left.