Is my I131 Advance Parole Document will automatically abandoned

[tamcloud 92]

9 minutes ago, Weston said:

Thanks Tamcloud. I have the concerns as your question, too. I didn't know if there any ways to hinder the process of the CR-1 when my AOS is abandoned or withdrawal.

Hi Weston. I'm just hoping to clarify whether or not that particular case is off the books more immediately if you respond; rather than it sitting there awaiting a response, then be "officially" closed in a few months. It's dead either way, but it may be beneficial going into the CR-1 knowing that you did what was necessary to finalize the status of the previous AOS.  As to whether the abandonment itself would hinder your CR-1...I'm not sure anyone here could answer that for you 100%. 

 

 I wish you luck!

Edited July 22, 2018 by tamcloud

[geowrian 22,337]

An abandoned or withdrawn AOS wouldn't impact a CR-1/IR-1 visa. They could ask what happened, in which case you just explain that you had a medical emergency and had to leave, not realizing that it would abandon the application.

This isn't like a case where somebody had a fight or break up with the petitioner and left due to that (not that they would know unless asked, either).

[TNJ17 1,329]

You left without advanced parole which means you abandoned all your AOS stuff. There is no way for you to come back and simply pick up where you left off. I get that you had an emergency and needed to go back but that is the issue we face when we come without a greencard first and must wait for AP. You made a bad decision in going back without AP. Now you’re gonna have to pay for the consequences. There’s no other way for you to get back in unless you file for an immigrant spouse visa. It means you’re gonna have to pay for all the fees all over again and wait the process out in your country all over again. There’s no special treatment for you, you will get behind those who filed before you and you will wait out the 12-16 months now. No, you cannot apply for a tourist visa and try to get back in the country that way. You would never be awarded a tourist visa anyways even if you applied because USCIS already knows your life and that you have immigrant intent. Don’t waste your time trying to find a way to cheat the system. Just apply for the proper visa and wait out the time like everyone else and maybe you will have learned a lesson with this. 

[TM92 527]

17 hours ago, Weston said:

and am will able to use my tourist visa( I have a B1/B2 visa) enter the USA?

You can technically try to apply for a new B1/B2 visa, as your former visa was null when you filed for AOS. The regular requirement of showing strong ties to China is still necessary. Reason for travel would be to visit spouse during new IR-1/CR-1 process and then return to China (within the timeframe allowed by CBP). Granted the odds of denial for the tourist visa are high since you filed for AOS during your last B2 visit, but you never know until you try.

Edited July 22, 2018 by TM92
CBP

[Weston 4]

On 7/22/2018 at 10:58 PM, tamcloud said:

Hi Weston. I'm just hoping to clarify whether or not that particular case is off the books more immediately if you respond; rather than it sitting there awaiting a response, then be "officially" closed in a few months. It's dead either way, but it may be beneficial going into the CR-1 knowing that you did what was necessary to finalize the status of the previous AOS.  As to whether the abandonment itself would hinder your CR-1...I'm not sure anyone here could answer that for you 100%. 

 

 I wish you luck!

Thanks tamcloud, I am going to respond the i131 RFF.  I will start to work on CR-1 asap.

[Weston 4]

On 7/23/2018 at 5:42 AM, TNJ17 said:

You left without advanced parole which means you abandoned all your AOS stuff. There is no way for you to come back and simply pick up where you left off. I get that you had an emergency and needed to go back but that is the issue we face when we come without a greencard first and must wait for AP. You made a bad decision in going back without AP. Now you’re gonna have to pay for the consequences. There’s no other way for you to get back in unless you file for an immigrant spouse visa. It means you’re gonna have to pay for all the fees all over again and wait the process out in your country all over again. There’s no special treatment for you, you will get behind those who filed before you and you will wait out the 12-16 months now. No, you cannot apply for a tourist visa and try to get back in the country that way. You would never be awarded a tourist visa anyways even if you applied because USCIS already knows your life and that you have immigrant intent. Don’t waste your time trying to find a way to cheat the system. Just apply for the proper visa and wait out the time like everyone else and maybe you will have learned a lesson with this. 

Thanks TNJ17 for the details. yes, it was something unpreventable and critical happened on me. I know i cannot leave the USA, but a guy who works on USCIS told me that i can leave the USA without negative consequence on my i131. at this point, I couldn't argue with him anymore. the better way to me is starting to apply for the CR1.  

[Weston 4]

On 7/22/2018 at 11:16 PM, geowrian said:

An abandoned or withdrawn AOS wouldn't impact a CR-1/IR-1 visa. They could ask what happened, in which case you just explain that you had a medical emergency and had to leave, not realizing that it would abandon the application.

This isn't like a case where somebody had a fight or break up with the petitioner and left due to that (not that they would know unless asked, either).

Thanks Geowrian. I am starting to fill the i130 and i130a with my partner. There is a question do you mind if I ask you?

On i130 form, page7, part 4, question 53.  Was the beneficiary EVER in immigration proceedings? Is my answer as "Yes"? 

 

[TM92 527]

13 minutes ago, Weston said:

On i130 form, page7, part 4, question 53.  Was the beneficiary EVER in immigration proceedings? Is my answer as "Yes"?

Look at question 54:

Quote

If you answered "Yes," select the type of proceedings and provide the location and date of the proceedings.

• Removal
• Rescission
• Exclusion/Deportation
• Other Judicial Proceedings

So for 53 only answer "Yes" if you went through any of the above. Otherwise, select "No."

Edited July 25, 2018 by TM92

[Weston 4]

10 minutes ago, TM92 said:

Look at question 54:

So for 53 only answer "Yes" if you went through any of the above. Otherwise, select "No."

The answer is "No" as I am not went through any of the above yet,