Husband left back to UK. Was waiting on greencard.

[MichaelAndAlicia 1]

Yea, we got into a fight and he up and left on terrible impulse decision which he now regrets.

 

He had just gotten his work permit and we were waiting on the green card. The status on USCIS had already changed to "under review, ready to schedule interview"

 

Yea, I am shocked and seriously upset with him. Very hard pill to swallow after all of our hard K1 work.

 

Any ideas on what to do to get him back? Start all over with a K3? Do the CR1?

 

Will he even be able to come back?

 

jfc. I can't believe him. The first year of marriage is the hardest, I keep hearing.

 

I am willing to take him back since he is so upset about his decision as well. People do make mistakes. and HOPEFULLY learn from the consequences.

 

We realize it could be up to a year. Or never.

 

Edited November 4, 2017 by MichaelAndAlicia

[Suudsu 66]

11 minutes ago, MichaelAndAlicia said:

He had just gotten his work permit and we were waiting on the green card.

Was it an EAD/AP? If it is also Advance Parole, he could return using that.

[MichaelAndAlicia 1]

1 minute ago, Suudsu said:

Was it an EAD/AP? If it is also Advance Parole, he could return using that.

no, we didn't do that part.

[Suudsu 66]

2 minutes ago, MichaelAndAlicia said:

no, we didn't do that part.

That's unfortunate.

 

The I-130 should be fine. The act of leaving the country may result in the I-485 being determined to be abandoned.

 

An approved I-130 can be transferred to the NVC, from which he can apply for an IR-1/CR-1 visa.

http://www.visajourney.com/content/i130guide1

[MichaelAndAlicia 1]

39 minutes ago, Suudsu said:

That's unfortunate.

 

The I-130 should be fine. The act of leaving the country may result in the I-485 being determined to be abandoned.

 

An approved I-130 can be transferred to the NVC, from which he can apply for an IR-1/CR-1 visa.

http://www.visajourney.com/content/i130guide1

this is such a mess. jfc.

 

so, I guess, i'll have to write a letter of explanation and send copies of all of our previous NOA letters from our k1 process?

and all of our wedding evidence. him still being on my apartment lease... I mean this only happened last week that he left

 

so disheartening.

 

 

[Hypnos 6,576]

USCIS will probably figure out themselves that he left without AP, and his I-485 will be denied accordingly. 

 

If he's adjusting from a K-1 then you'll need to file an I-130. If an I-130 was already filed then that can proceed, you'll just need to have it sent to the NVC after approval. 

 

Expect it to take around a year for his immigrant visa to be approved. 

Edited November 4, 2017 by Hypnos

[MichaelAndAlicia 1]

5 minutes ago, Hypnos said:

USCIS will probably figure out themselves that he left without AP, and his I-485 will be denied accordingly. 

 

If he's adjusting from a K-1 then you'll need to file an I-130. If an I-130 was already filed then that can proceed, you'll just need to have it sent to the NVC after approval. 

 

Expect it to take around a year for his immigrant visa to be approved. 

he is adjusting from K1 and we filed I-29f not 130.

 

so.... I need to file the I130... to see if that will even be approved?

 

then once approved... go for the CR1?

[Hypnos 6,576]

The I-130 just establishes the relationship. After that he needs to show it is bona fide at his interview for the CR-1.

 

But yes, your first step will be to file an I-130.

Edited November 4, 2017 by Hypnos

[MichaelAndAlicia 1]

3 minutes ago, Hypnos said:

The I-130 just establishes the relationship. After that he needs to show it is bona fide at his interview for the CR-1.

jesus.

sorry to ask a bunch of questions...

 

so approved I-130, apply for CR-1 , he gets interview and proves its real... and could be here in up to a year or more?

 

is K3 easier? I guess I should get a lawyer but my god... we didn't need a lawyer that entire process before... ugh

 

does immigration even allow you to come back after these stupid mistakes? lol

Edited November 4, 2017 by MichaelAndAlicia

[Hypnos 6,576]

Yes, it will be about a year or so total, first to have the I-130 approved, then to deal with the NVC stage, then to have his medical at Knightsbridge and schedule his interview. 

 

K-3s are effectively obsolete. 

Edited November 4, 2017 by Hypnos

[MichaelAndAlicia 1]

3 minutes ago, Hypnos said:

Yes, it will be about a year or so total, first to have the I-130 approved, then to deal with the NVC stage, then to have his medical at Knightsbridge and schedule his interview. 

 

K-3s are effectively obsolete. 

this is so stupid. he already paid so much money to make the medical possible last winter.

 

thank you so much for your help. I really appreciate it.

[geowrian 22,337]

1) Always apply for AP with AOS. It's free and not difficult paperwork. I know this is too late for the OP's case (which is sad), but I cannot stress enough how many times I've seen somebody just not deal with it and it comes back to haunt them.

2) The next step is to file an I-130 so he can apply for a CR-1 visa. ETA: ~12-14 months.

 

Good luck!

Edited November 4, 2017 by geowrian

[Brittani 484]

4 hours ago, MichaelAndAlicia said:

Yea, we got into a fight and he up and left on terrible impulse decision which he now regrets.

 

He had just gotten his work permit and we were waiting on the green card. The status on USCIS had already changed to "under review, ready to schedule interview"

 

Yea, I am shocked and seriously upset with him. Very hard pill to swallow after all of our hard K1 work.

 

Any ideas on what to do to get him back? Start all over with a K3? Do the CR1?

 

Will he even be able to come back?

 

jfc. I can't believe him. The first year of marriage is the hardest, I keep hearing.

 

I am willing to take him back since he is so upset about his decision as well. People do make mistakes. and HOPEFULLY learn from the consequences.

 

We realize it could be up to a year. Or never.

 

Oh my, I'm so so sorry to hear about this! Maybe getting in contact with someone to explain would help. I'm not sure how much but at least it would be worth a try. This horrible, you are right. People fight and everyone makes mistakes...Really, really hoping this turns out ok for you guys!

[Dianalorena 1,153]

I don't know the specifics of the fight, his reasons to leave the country during literally the only period where he couldn't, and I won't pry/ask.

But I will say this. The CR1 takes 14-16 months now,  sometimes even more. You will be spending your first year + as newlyweds, away.  

It's absolutely brutal and even though it is doable, it breaks a lot of people up. it will strain your relationship like you wouldn't imagine. 

Definitely work on your issues as a couple before embarking on this next step. I would hate to see you have to go through it again.

Not saying that it is a given that he would do it again, I don't know you guys. Just be sure you're both ready this time. Talk it through. 

And I wish you both the best.

 

 

 

 

 

[caliliving 606]

To be honest. he knew he could not leave during this time without reprocussions! you need to ask him and figure this out! i would highly consider counseling before going forward.  if you are married already, you need to do CR1 (a 1 year wait). if you are not married, you need to do another k1! as you are from the UK the scrutiny level will be much lower.

but you need to ask yourself.. is this worth it? a man gets so upset he ups and leaves when he understands the pain and finances you went thru to get him here?  

He would get a visa again because you are from a low fraud country! however, it is another waiting game, more money and time wasted!