Wanting to return to spouse

[Ellinks 0]

Hi

 

I recently married my US partner and in doing so we started the AOS process. However we realised that our forms were incorrect and we had also submitted the wrong fee amount. Coinciding with this, I had to return home due to a family emergency. 

 

I am desperately trying to get back to the USA to be reunited with my spouse. 

 

My dilemma is as follows: I have shown immigrant intent with the submission of AOS papers, however they are and will not get further than the Chicago Lockbox as they are incorrect. I have therefore not "officially" started the AOS process, but in order to get back into the USA I am potentially committing visa fraud. 

 

Does anyone know or have experience with such a dilemma and can offer advice?

 

Thank you

[Crazy Cat 42,023]

If you exited the US before receiving APPROVED Advance Parole, then your AOS (even if received) is like to be considered abandoned.  The USCIS clearly states that you MUST have approved AP to re-enter the US.  You will likely have to now apply for a CR-1 visa........approximate processing time is 12-14 months.

 

EDIT:  You can possibly apply for CR-1 visa through the US Consulate there.  The processing time will then be less than a year.

Edited April 27, 2018 by missileman

[EandH0904 1,184]

29 minutes ago, Ellinks said:

I am desperately trying to get back to the USA to be reunited with my spouse. 

We all want to be reunited with our spouses - we just have to wait out the CR1 visa timeline - most people on here have had some sort of extended wait. Your spouse can visit you in the UK during the meantime. 

[Crazy Cat 42,023]

Unfortunately, this is one of the down sides of a K-1 visa vs a CR-1.  A CR-1 visa allows immediate travel outside the US with no re-entry issues. 

 

EDIT:  It doesn't matter whether you have started the AOS process or not.  Leaving the US without approved Advance Parole results in no authority to re-enter the to stay and adjust status.  Your K-1 visa was a single entry visa.  Re-entering the US via ESTA or any other non-immigrant route with the intent to remain and adjust status is visa fraud.

Edited April 27, 2018 by missileman

[yuna628 9,690]

On ‎4‎/‎27‎/‎2018 at 4:00 PM, Ellinks said:

Hi

 

I recently married my US partner and in doing so we started the AOS process. However we realised that our forms were incorrect and we had also submitted the wrong fee amount. Coinciding with this, I had to return home due to a family emergency. 

 

I am desperately trying to get back to the USA to be reunited with my spouse. 

 

My dilemma is as follows: I have shown immigrant intent with the submission of AOS papers, however they are and will not get further than the Chicago Lockbox as they are incorrect. I have therefore not "officially" started the AOS process, but in order to get back into the USA I am potentially committing visa fraud. 

 

Does anyone know or have experience with such a dilemma and can offer advice?

 

Thank you

1) Well you made mistakes on the forms and you acknowledge that, in general when you do a mistake like that the application is outright denied and returned to you. That will happen eventually I guess... and you'll probably need to wait for that to happen.

2) But the biggest mistake came next, in leaving the country. Once doing that without authorization, you cannot come back in and as you have left and the paperwork will be denied/returned... you cannot adjust status from outside the US.

 

So what to do next? There is only ONE option.

 

Since you have left, you don't need to focus your worry about getting back to the USA, because you cannot return (your VWP/ESTA is gone). Attempting to return will only make matters worse (you will be chucked back out). So what you're going to have to do is file for a spousal visa. Follow the guides here carefully, and you can complete the process in about a year. In the meantime your spouse is going to have to visit you. I know this is a difficult situation and you miss your spouse, but unfortunately that's how things stand now for you.

Edited April 29, 2018 by yuna628

[JoannaV 174]

I don't think the OP was adjusting from K1, but from ESTA?? Were you out of status when you left or not?
The best and only thing to do first is to file for a CR-1 visa, starting with the I-130 petition.