Relocating! Consequences of Abandoning AOS process

[Erica&Adib 0]

Hi Everyone,

I moved to the US from Canada July 2017 on a K-1 visa, got married, applied for AOS August 2017 and am currently waiting to be scheduled for an interview in Memphis.  We now have to move internationally for my husband's work and it's going to be long term (minimum 4 years). We do not know when we will be moving back to the US. Due to this I would like to abandon my application for a AOS/GC at this point instead of trying to maintain it for many years overseas. Our plan would be to re-apply for a IR-1 spouse visa closer to the time when we wanted to move back.

 

I am a Canadian citizen and so on the usual tourist visa (B2) I can stay in the US for up to 6 months and I've never had any trouble entering. My question is - If I abandon the AOS process formally before the interview, will I have trouble re-entering the US for visits on a B2 visa? I assume that I would need proof that I am no longer planning to live in the US  (return tickets etc.)?

 

Any information would be helpful! We need to move but also want to make sure we're not creating significant problems for ourselves in the future. 

[Roel 7,193]

Entry on B2 visa is never guaranteed - they might let you in or not.

I suggest notify USCIS that you're abandoning your AoS.

 

And yes, when you're ready to move back to the US you'll need a spouse visa.

 

(also you'll need a new tourist visa, B2 is always canceled once you receive K1 visa)

 

Edited May 5, 2018 by Roel