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AP16

Wife received Green Card after I left the country

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Filed: K-1 Visa Country: Brazil
Timeline

What should I Do? 

I left the country without AP in the middle of the AOS process (I had to, please don't judge). Today my wife received my Green Card, no interview. I thought the AOS would be automatically cancelled once I left. What do I do now? 

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Filed: Citizen (apr) Country: Taiwan
Timeline

Do you want to return to the US to live?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 minute ago, AP16 said:

And even if It's returned, will I trigger a ban or something?

There shouldn't be any ban based on your timeline...at most you had a few days of overstay before filing for AOS (and unlawful presence doesn't accrue once you properly file for AOS). A ban kicks in at 180+ days of unlawful presence.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Brazil
Timeline
5 minutes ago, geowrian said:

There shouldn't be any ban based on your timeline...at most you had a few days of overstay before filing for AOS (and unlawful presence doesn't accrue once you properly file for AOS). A ban kicks in at 180+ days of unlawful presence.

But there is no way I can use my Green Card then?

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Filed: Citizen (apr) Country: Nigeria
Timeline

 The you abandoned the process.   Even if you made it in , the error would be discovered at some time ( ROC most likely ) and all benefits would be removed.  The legal thing at the moment is to start and I130  and you will get a new visa in about a year.

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Brazil
Timeline

Well, I'm reading here the USCIS website, and it states that my application is considered automatically abandoned if when I left I was applying to extend the period of nonimmigrant stay or to change the status to a different nonimmigrant status. It clearly states that when adjusting for Permanent Resident my application may or may not be considered abandoned.

I understand that you guys know a lot more about it than me, but it just seems confusing at this point. 

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Filed: Citizen (apr) Country: Brazil
Timeline

If you try to enter using the GC their system will show you left before approval and you will not be let in.

Start the process over.

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Filed: Citizen (apr) Country: Nigeria
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  The may or may not part is dependent on having AP.  You can leave before it is approved and return if you have a parole approved prior to your departure.    I am not aware of any parole that would be obtainable having already left.  The card was issued in error ( they hadn't detected your departure )   and is invalid because of that.   

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Brazil
Timeline
1 hour ago, NigeriaorBust said:

  The may or may not part is dependent on having AP.  You can leave before it is approved and return if you have a parole approved prior to your departure.    I am not aware of any parole that would be obtainable having already left.  The card was issued in error ( they hadn't detected your departure )   and is invalid because of that.   

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

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