Can you put our minds at ease? (merged)

[gareths 3]

Hello Guys.
My name is Gareth and my wifes name is Tikisha. She is an absolute gem. We are both 24.
Our situation is quite unique. I am from England and she is Texas. I met her in College and I took on the role of all of the administrative paper work even though I am not very good at it. None the less I felt like I could handle it. I did quite well up until we got to the adjustment of status process and we passed the interview and we were approved only if I got my medical papers signed off by one of the official US doctors and returned the package within 30 days. That was our request for further evidence and then everything else would have been approved.
Now I went and got that sorted but I forgot to put in the piece of paper connecting the package to our case. Me being my clumsy self I forgot about it and waited to hear back. I called up but they said just keep waiting to hear a response. Then time went on and my work permit runs out and we are then begging to stress about money.
Then we finally get a response because we moved apartments in this time and then it said we have been denied because we did not send off the request for evidence and I must make arrangements to leave.
So we were scared to not ruin anything at this point and we did not have any money for a lawyer. So I left and now I am back at home. We are married. Up to the Adjustment of Status stage.
My questions are.....
Is it all over?
Can we file for Adjustment of status from here outside the US?

Do we now only have the i-130 application left as we are married and we have to do the whole process over again?
Do we have any other options?

Edited June 23, 2018 by Penguin_ie
Reason for edit: to remove full name

[geowrian 22,337]

You cannot file for AOS from abroad. You would file for a CR-1/IR-1 visa. This starts by filing the I-130. ETA: ~12-14 months.

Guide: http://www.visajourney.com/content/i130guide1

Edited April 25, 2018 by geowrian

[Cyberfx1024 7,980]

9 hours ago, gareths said:

 

Hello Guys. 
My name is Gareth and my wifes name is Tikisha. She is an absolute gem. We are both 24. 
Our situation is quite unique. I am from England and she is Texas. I met her in College and I took on the role of all of the administrative paper work even though I am not very good at it. None the less I felt like I could handle it. I did quite well up until we got to the adjustment of status process and we passed the interview and we were approved only if I got my medical papers signed off by one of the official US doctors and returned the package within 30 days. That was our request for further evidence and then everything else would have been approved. 
Now I went and got that sorted but I forgot to put in the piece of paper connecting the package to our case. Me being my clumsy self I forgot about it and waited to hear back. I called up but they said just keep waiting to hear a response. Then time went on and my work permit runs out and we are then begging to stress about money. 
Then we finally get a response because we moved apartments in this time and then it said we have been denied because we did not send off the request for evidence and I must make arrangements to leave.
So we were scared to not ruin anything at this point and we did not have any money for a lawyer. So I left and now I am back at home. We are married. Up to the Adjustment of Status stage.
My questions are.....
Is it all over?
Can we file for Adjustment of status from here outside the US?

Do we now only have the i-130 application left as we are married and we have to do the whole process over again?
Do we have any other options?

You have to start the whole process again but this time as a CR-1 petition for you to come live in the USA. You can not do the AOS outside the USA.

Edited April 25, 2018 by Ryan H
Reason for edit: to remove full name in quote.

[Tristan1978 133]

9 hours ago, gareths said:

 

Hello Guys. 
My name is Gareth and my wifes name is Tikisha. She is an absolute gem. We are both 24. 
Our situation is quite unique. I am from England and she is Texas. I met her in College and I took on the role of all of the administrative paper work even though I am not very good at it. None the less I felt like I could handle it. I did quite well up until we got to the adjustment of status process and we passed the interview and we were approved only if I got my medical papers signed off by one of the official US doctors and returned the package within 30 days. That was our request for further evidence and then everything else would have been approved. 
Now I went and got that sorted but I forgot to put in the piece of paper connecting the package to our case. Me being my clumsy self I forgot about it and waited to hear back. I called up but they said just keep waiting to hear a response. Then time went on and my work permit runs out and we are then begging to stress about money. 
Then we finally get a response because we moved apartments in this time and then it said we have been denied because we did not send off the request for evidence and I must make arrangements to leave.
So we were scared to not ruin anything at this point and we did not have any money for a lawyer. So I left and now I am back at home. We are married. Up to the Adjustment of Status stage.
My questions are.....
Is it all over?
Can we file for Adjustment of status from here outside the US?

Do we now only have the i-130 application left as we are married and we have to do the whole process over again?
Do we have any other options?

No you cannot file for AOS outside the US.

You will have to file the I-130 for a IR1-CR1 visa (depending on how long you have been married) 

Unfortunately there are no other options unless she comes to live in the UK.

Edited April 25, 2018 by Ryan H
Reason for edit: to remove full name in quote.

[yuna628 9,677]

Why did you leave the USA? If you hadn't done that, you could have refiled AOS and started all over again. Now that you've left, you're going to have to file for a spousal visa. That should take up to 14 months to complete. I'd suggest using the guides here to carefully go through the process, and once comfortable, filing as soon as possible.

[gareths 3]

1 minute ago, yuna628 said:

Why did you leave the USA? If you hadn't done that, you could have refiled AOS and started all over again. Now that you've left, you're going to have to file for a spousal visa. That should take up to 14 months to complete. I'd suggest using the guides here to carefully go through the process, and once comfortable, filing as soon as possible.

We were running low on money, We were scared, we did not really know what to do. We did not have money to file for AOS again. I don't really know TBH, young and naive I guess. 

 

[yuna628 9,677]

2 minutes ago, gareths said:

We were running low on money, We were scared, we did not really know what to do. We did not have money to file for AOS again. I don't really know TBH, young and naive I guess. 

 

Do you have the financial ability to file for this new process now? Additionally, is the USC spouse living in the UK with you now? Have they undergone the UK immigration process or are they returning home without you? If you begin a new process you're going to have to have the finances prepared for sponsorship and the USC spouse needs to ensure they have domicile and a place for you to go once approved. Get all your ducks in a row, and make sure you're confident and prepared. Immigration is a lengthy and expensive process and it's important to use caution every step of the way. There's nothing you can do now except for starting over.

 

There is one more thing to consider: if you find you are more comfortable or financially stable in the UK, especially with the fact you have use of the NHS - have you considered ensuring you meet the financial rules of the UK and applying for her to immigrant to you (she'll need to return home and wait it out)? You could go through the UK process and live life there.

 

I would not suggest going through any process until you are on sound financial footing though. If things were so desperate you could not afford an AOS application, financial sponsorship would be too difficult a burden.

[gareths 3]

2 minutes ago, yuna628 said:

Do you have the financial ability to file for this new process now? Additionally, is the USC spouse living in the UK with you now? Have they undergone the UK immigration process or are they returning home without you? If you begin a new process you're going to have to have the finances prepared for sponsorship and the USC spouse needs to ensure they have domicile and a place for you to go once approved. Get all your ducks in a row, and make sure you're confident and prepared. Immigration is a lengthy and expensive process and it's important to use caution every step of the way. There's nothing you can do now except for starting over.

 

There is one more thing to consider: if you find you are more comfortable or financially stable in the UK, especially with the fact you have use of the NHS - have you considered ensuring you meet the financial rules of the UK and applying for her to immigrant to you (she'll need to return home and wait it out)? You could go through the UK process and live life there.

 

I would not suggest going through any process until you are on sound financial footing though. If things were so desperate you could not afford an AOS application, financial sponsorship would be too difficult a burden.

We were both living in the US. She is still in Las Vegas and doing well now and is able to support me financially. I will be here in England working and saving so money wont be an issue as we go through the process again. 

We want to stay in Las Vegas as we were doing well and she has a good opportunity and a good career ahead of her. By the time the application is processed we will be fine. 

Couple questions on the application as we are already begging to get it underway. 

Part 4 about the beneficiary: 

Should I put my old alien registration number on there?

Part 5 

Have you ever filed for this beneficiary? 

Yes, correct?

 

 

 

[Boiler 45,564]

Sounds like one of those rare cases where competent legal guidance would help.

[gareths 3]

28 minutes ago, Boiler said:

Sounds like one of those rare cases where competent legal guidance would help.

I guess I am just rushing and frustrated. I hope the thoughts will pass. 

 

[C-ma'am 684]

**post moved from K1 to CR1. OP needs assistance with CR1 at this stage

[gareths 3]

Do you guys really think we should get help? Not trying to sound condescending or anything of that nature. We did the K1 Process on our own without much of a hitch, I was hoping we could get through this one pretty swiftly.  

[Roel 7,192]

Your only option is file for spouse visa and wait about a year or so until it's approve.

[Crazy Cat 41,904]

2 hours ago, gareths said:

Do you guys really think we should get help? Not trying to sound condescending or anything of that nature. We did the K1 Process on our own without much of a hitch, I was hoping we could get through this one pretty swiftly.  

I suggest you study the process thoroughly.  AOS can not be filed from outside the US............the CR-1 process will take 12-14 months IF no issues aride....good luck..

[2far 185]

Look at the bright side.  By the time you receive a spousal visa, it will be an IR-1 as you would have been married for two years.  That means no Adjustment of Status the next time around!