help.

[jasmineehanson 0]

Hi everyone!
So, I've got a pretty big problem here. 
I moved to the US July 30th 2016 on a k-1 visa, we got married August 13th 2016. 
Shortly after that, my passport and all of my ID was stolen, so I haven;t been able to file the AOS.
The Canadian embassy would not issue me a passport, and neither would the office in Canada (my mom went in for me).
They told me I needed to have some form of picture ID, which I was just able to get in February. 
My mom is going in to get my passport done and mailed to me this week. 
However, I need to go back to Canada for a family emergency. 
I'm not sure if it would be best if I abandon my case, move there with my husband, and then file for the IR-1/CR-1 visa or K-3 visa once we're ready to come back, about a year later,
or if I should send in my AOS, and just hope my grandfather makes it through the next few months waiting for Advanced Parole and only go back to visit occasionally? 
We would prefer to move to Canada, as I would be able to work, and my husband has a job offer already, but I'm not sure the process of abandoning my case?
Do I just leave back to Canada, or do I need to contact someone first?

[Roel 7,193]

Well that's your choice not ours. If you just want to leave US then leave - but in order to be back your US spouse will need yo file for cr1 visa. Which will take over a year to process. 

 

Or file for AOS and travel/work permit usually arrives around 4 months after your paperwork get accepted for processing. 

[jasmineehanson 0]

1 minute ago, Roel said:

Well that's your choice not ours. If you just want to leave US then leave - but in order to be back your US spouse will need yo file for cr1 visa. Which will take over a year to process. 

 

Or file for AOS and travel/work permit usually arrives around 4 months after your paperwork get accepted for processing. 

I don't have to notify anyone that I'm abandoning my case?
Will it cause problems later on if we wait to file for the cr1 visa?
And will I be able to visit the US after I leave?

I tried to contact USCIS but couldn't get through to anyone, and our local office is closed. 

[bad4tatt 168]

20 minutes ago, jasmineehanson said:

Hi everyone!
So, I've got a pretty big problem here. 
I moved to the US July 30th 2016 on a k-1 visa, we got married August 13th 2016. 
Shortly after that, my passport and all of my ID was stolen, so I haven;t been able to file the AOS.
The Canadian embassy would not issue me a passport, and neither would the office in Canada (my mom went in for me).
They told me I needed to have some form of picture ID, which I was just able to get in February. 
My mom is going in to get my passport done and mailed to me this week. 
However, I need to go back to Canada for a family emergency. 
I'm not sure if it would be best if I abandon my case, move there with my husband, and then file for the IR-1/CR-1 visa or K-3 visa once we're ready to come back, about a year later,
or if I should send in my AOS, and just hope my grandfather makes it through the next few months waiting for Advanced Parole and only go back to visit occasionally? 
We would prefer to move to Canada, as I would be able to work, and my husband has a job offer already, but I'm not sure the process of abandoning my case?
Do I just leave back to Canada, or do I need to contact someone first?

If you apply for AOS your travel permit could take up to 5 months as per the USCIS site and in saying that, if you apply for AOS and your grandfather gets worse, you could always request expedite the travel permit. If you file AOS, also file for EAD/AP at the same time to save money.

[Roel 7,193]

36 minutes ago, jasmineehanson said:

I don't have to notify anyone that I'm abandoning my case?
Will it cause problems later on if we wait to file for the cr1 visa?
And will I be able to visit the US after I leave?

I tried to contact USCIS but couldn't get through to anyone, and our local office is closed. 

You will probably be denied entry back yo the US because of the immigrant intent. You probably won't be able to come back without a spouse visa. 

[NikLR 13,231]

Your husband may have a job offer in Canada but it can still take some time to get a work permit for him.    Just like in the USA, he can't legally work until he has a work permit or permanent residency.  It may be best for him to stay in the USA and work while you guys do the CR1 which  you can start now, and can draw out until you're ready.  You can continue to visit.  

 

If you are both wanting to move to Canada, right now applying outside the USA is taking 12 months and inside Canada is also taking the same amount of time.  I'm unsure if they still give work permits while you're waiting however.  

 

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html