HELP! LEFT U.S. BEFORE FILING ADJUSTMENT OF STATUS ON FAMILY EMERGENCY, CAN I COME BACK?

[Chapters 1]

Hi everyone - I'm concerned because I left the country recently on a medical emergency before filing the adjustment of status paperwork following my marriage to a US Citizen.
I was in the US on an O1B visa for some years, and my last visa was approved from 2015 through to March of this year. However, I did not get it stamped, and I'm not sure if that renders it invalid, or if I was out of status.
My questions are: 
Should I file the 130 and 485 from abroad (London) or re-enter as a tourist and submit the paperwork once back in the US?
Am I likely to have any problems at immigration? I have a new British passport with no visa in it currently.
Thank you so much!

[britishandusa 446]

You cannot come into the country on a tourist visa with the intent to adjust status. That is fraud.

[Chapters 1]

Thank you. Do you know if it is possible to apply for adjustment of status while outside the US?

[Going through 5,671]

2 minutes ago, Chapters said:

Thank you. Do you know if it is possible to apply for adjustment of status while outside the US?

You would have to go through consular processing.

[Khallaf 650]

4 minutes ago, Chapters said:

Thank you. Do you know if it is possible to apply for adjustment of status while outside the US?

others can correct me if I am wrong, but I do believe now that you have left you will have to do DCF from abroad which can take several months.

Edited February 28, 2018 by Khallaf

[Cyberfx1024 7,980]

5 minutes ago, Chapters said:

Thank you. Do you know if it is possible to apply for adjustment of status while outside the US?

Edit: You would have to go through the CR1 process.

 

 

Edited February 28, 2018 by cyberfx1024

[HK12 273]

No, you cannot adjust your status from abroad. You will have to start all over with a CR1 visa.

[Cyberfx1024 7,980]

Just now, Khallaf said:

others can correct me if I am wrong, but I do believe now that you have left you will have to do DCF from abroad which can take several months.

Only if the petitioner is overseas in that country living with a residency permit can you file for DCF.

[Khallaf 650]

Just now, cyberfx1024 said:

What basis would you have to come to the USA and file for AOS???

I believe since he said he got married in USA, the assumption is he can come back into usa and then file AOS..

 

but now that he left before filing the AOS, he will have to do a DCF but don't both have to be in that country to do that?

Just now, cyberfx1024 said:

Only if the petitioner is overseas in that country living with a residency permit can you file for DCF.

that is what I thought also, so since spouse is in USA and beneficiary is oversea they will have to file I-130 right?

[Cyberfx1024 7,980]

4 minutes ago, Khallaf said:

I believe since he said he got married in USA, the assumption is he can come back into usa and then file AOS..

 

but now that he left before filing the AOS, he will have to do a DCF but don't both have to be in that country to do that?

Yeah I edited my first comment because I read the whole thing showing that. Thank you.

 

No, he can ONLY do a DCF IF his wife is living in that country with him Legally as well just as a residency or work permit. He can not file for DCF on his own.

 

Edited February 28, 2018 by cyberfx1024

[Khallaf 650]

Just now, cyberfx1024 said:

Yeah I edited my first comment because I read the whole thing showing that. Thank you.

 

No, he can ONLY do a DCF IF his wife is living in that country with him Legally as well just as a residency or work permit. He can not file for DCF on his own.

okay that is what I thought

[Cyberfx1024 7,980]

4 minutes ago, Khallaf said:

I believe since he said he got married in USA, the assumption is he can come back into usa and then file AOS..

 

but now that he left before filing the AOS, he will have to do a DCF but don't both have to be in that country to do that?

that is what I thought also, so since spouse is in USA and beneficiary is oversea they will have to file I-130 right?

Yes, they will have to file for the I-130 and the CR1 visa.

Just now, Khallaf said:

okay that is what I thought

I think we are posting and editing our stuff in intervals and delays. It's funny.

[Chapters 1]

Thank you so much for your savvy responses! So, it sounds like my US spouse will need to submit the I-130 and then apply for the CR1 visa for me while I am still abroad? Does anyone know how long this usually takes? 

[Khallaf 650]

2 minutes ago, Chapters said:

Thank you so much for your savvy responses! So, it sounds like my US spouse will need to submit the I-130 and then apply for the CR1 visa for me while I am still abroad? Does anyone know how long this usually takes? 

12-14 months

[Chapters 1]

Can I enter the US as a tourist periodically while the application is pending?