CR1 after withdrawn AOS

[Lillyandkip 26]

Hi everyone!

 

I came to the US on a K1 Visa in 2016. My husband and I got married and filed for AOS within 90 days of me arriving. I received my EAD&AP combo card in May 2015.

However due to a complicated family situation I had to move back to Germany and am staying here for the next 12-18 months. My husband is staying in the US and is going to petition for the I130 for me so I can apply for a IR1 visa from here.

I sent a written request to withdraw my pending AOS to our USCIS field office but haven't gotten a respond or confirmation yet. 

My green card interview would have been in November but I didn't attend and the online status just states that no one came to the interview and they will notify us about the decision which will probably be a denial eventually.

We would like to start the IR1 Visa process ASAP to make sure I can be back with my husband as soon as circumstances allow. My concern is that we haven't gotten a denial notice or a confirmation of me withdrawing the application. Will we be able to get the I130 approved if my AOS maybe still shows pending?

USCIS isn't a big help. They just read me the status of my case that I can see online. 

My AP is expiring in May. Latest then my AOS would be abandon if I'm staying out of the country, right? 

My husband will also attach a copy of my request to withdraw my I485 to the I130. 

Do you think we will be fine sending out the I130 now or could that be a reason for denial?

 

Thank you so much in advance!

Lilly

 

 

[pushbrk 12,881]

Where the I-130 and DS260 (visa application used late in the process) ask about previous filings, give the dates etc. with the result withdrawn, for the AOS.  Send a copy of your dated withdrawal letter.  Short answer is I-129F filed, visa granted, married, I-485 filed and withdrawn due to need to move back to Germany.  Write it up anyway you want and put it on the last pages of the I-130 in the spaces provided for such extra verbiage.