K1 AOS not completed and Spouse had to leave

[AdmiralAaron 12]

OK, so in a nutshell, my wife came here on a K1 with her son.  We were married within the 90 days.  I filed the I-485 and advanced parole, but she has a family emergency and needed to return to Colombia before either of them have been processed.  We tried doing an Infopass appointment and get an Emergency Advance Parole, but was denied as it is not an immediate family that has the emergency.  (grrr.)  This is very frustrating, she was all set for the AOS, but had to leave the country.  We are very much in love and our US marriage is fully legal.  She is also pregnant with my child.... 

So, right now, she has already returned to Colombia.  I am starting the VISA process over under the I130 for both her and my step son.   

My questions are:

1. Since I already filed the 485, should I send in an official withdrawal of the 485 for both of them?

2. Do I need to withdrawal the original K1 Visa????

3. On filing the new I130, I am including a letter outlining the situation but realize it will take another 12-15 months to get them approved.

Is there any other options that the community knows about???

 

Any Help please

[Hypnos 6,576]

1) Yes, although it's her form, so you cannot withdraw it, only she can. It will eventually be denied if you do nothing, but it's "cleaner" to officially withdraw it before then when you know it cannot be approved.

 

2) No. The visa was already used (it'a single-entry visa, and she entered already).

 

3) You can, but it won't change anything.

 

Pursuing a CR-1 is now your only option.

[GreatDane 366]

1 hour ago, Hypnos said:

1) Yes, although it's her form, so you cannot withdraw it, only she can. It will eventually be denied if you do nothing, but it's "cleaner" to officially withdraw it before then when you know it cannot be approved.

 

2) No. The visa was already used (it'a single-entry visa, and she entered already).

 

3) You can, but it won't change anything.

 

Pursuing a CR-1 is now your only option.

Agree 100%. CR1 and the associated wait is the only option available. 

[N-o-l-a 7,167]

You'll probably also want to look into CRBA procedures for after the baby is born.

[Skys 66]

My spouse came on a K1 and had to go back to their home country before they got the green card, EAD and advance parole approval.  I the petitioner withdrew the AOS application and they responded quick. So we refiled under CR1 and attached all documents showing the K1 approval and AOS withdrawal and a letter explaining what happened. Petition was approved and we are now at the NVC stage and just sent in our IVF package.

 

If you guys are in-love and all that good stuff then just re petition for her. It took 6 and half months for our petition to be approved. Trust me it has been frustrating having to re petition but now that we are at NVC stage I'm happy I did and we cant wait to reunite. Whilst waiting for petition to approved I visited my husband. I think that helps to also show continued relationship.

 

I hope this helps.  If you need more information plz dm me.

 

[Dashinka 24,526]

On 11/30/2017 at 6:48 PM, Hypnos said:

1) Yes, although it's her form, so you cannot withdraw it, only she can. It will eventually be denied if you do nothing, but it's "cleaner" to officially withdraw it before then when you know it cannot be approved.

 

2) No. The visa was already used (it'a single-entry visa, and she entered already).

 

3) You can, but it won't change anything.

 

Pursuing a CR-1 is now your only option.

Per 1), would the AOS be canceled if the sponsor withdrew the I864?  I realize that the 485 is actually her petition, but I wondered if the withdraw of the I864 would result in the same thing?

 

To the OP, Good Luck!

[Hypnos 6,576]

It wouldn't be canceled, but withdrawing the I-864 would prevent the I-485 from being approved. 

[Dashinka 24,526]

2 hours ago, Hypnos said:

It wouldn't be canceled, but withdrawing the I-864 would prevent the I-485 from being approved. 

Thanks!