Possible to swtich AOS to CP?

[A&H2018 148]

Hi everyone,

 

I have seen a lot of threads on people going from CP to AOS but very little the other way around. Unfortunately life throws curve balls and seems my work prospectives for the next one to two years could be better again in Canada. As well my wife would prefer to attend grad school in the USA but that would be for fall 2019. I currently have an EAD and am 5 months into the AOS process, unfortunately I do not have my AP since I applied later on. Anyways is it possible to switch my AOS to CP in Canada? Is there any scenario I would not lose the fees for AOS I have already paid? 

 

I have heard of an i824 form but is that only for approved applications? or could it also be used for pending applications?

[TNJ17 1,329]

Nope. If you are in the middle of AOS and leave the country without receiving AP, your AOS will be considered abandoned and you will have to start another immigrant visa process if you ever wish to get back in the country to live. If you leave the country to live somewhere else after receiving your AP and/or greencard, you may not be allowed back in if they can see you have established residence in another country and your greencard will be considered abandoned. Green cards are for people who wish to live in America permanently. Living abroad for more than 6 months out of the year is considered abandonment of permanent residency and your greencard will be void. If life is better elsewhere for you, then make the move but just remember that if you ever wish to come back to America to live permanently, you will have to start the process all over again. That means you will need another immigrant visa, which if you’re the spouse of a USC, takes about 12-16 months now. You’d have to pay all the fees all over again and wait like everyone else. There will be so special circumstances for you to make it faster. In my opinion, it’s not worth it going this route. I would wait for AOS to be completed before leaving the country on a trip and I would definitely wait until citizenship before setting up shop in another country temporarily. Because being a USC you can come and go as you please. 

[A&H2018 148]

HI,

 

Is this ever done? Possible? I noticed many CP to AOS threads but not other way around.

[EM_Vandaveer 2,417]

What is CP?

[EmmNM 180]

16 minutes ago, EM_Vandaveer said:

What is CP?

I thought CP meant consular processing. But that still doesn't make any sense.

[SusieQQQ 11,587]

Of course it’s possible, assuming you mean you originally filed for AOS and want to go back to your home country and process via a consulate instead. It’s been done for diversity visa applicants. The mechanics of doing it would depend on your specific case of course.

[WeGuyGal 1,052]

AOS from L-1 visa? 

 

Exit from the US deems the AOS abandoned, CO would be the route to go. You do lose AOS fees. 

[SusieQQQ 11,587]

30 minutes ago, WeGuyGal said:

AOS from L-1 visa? 

 

Exit from the US deems the AOS abandoned, CO would be the route to go. You do lose AOS fees. 

Of course, and still have to pay the consular processing fees. 

[Ontarkie 14,445]

~~Related thread merged. Please do not start more then one thread for the same or related topic.~~

[Teemo 252]

5 hours ago, A&H2018 said:

I have seen a lot of threads on people going from CP to AOS but very little the other way around. Unfortunately life throws curve balls and seems my work prospectives for the next one to two years could be better again in Canada. As well my wife would prefer to attend grad school in the USA but that would be for fall 2019. I currently have an EAD and am 5 months into the AOS process, unfortunately I do not have my AP since I applied later on. Anyways is it possible to switch my AOS to CP in Canada? Is there any scenario I would not lose the fees for AOS I have already paid? 

 

I have heard of an i824 form but is that only for approved applications? or could it also be used for pending applications?

I think once the I-130 is approved, you can file  (and pay for) the I-824 which will convert the case to Consular Processing. When you leave before AP, you abandon the I-485 but I think the I-130 can still be approved,  but I'm not sure how. I think one way is that your wife can show up to the AOS interview and that can get the I-130 approved.

 

I think you will really regret it if you abandon your AOS, after coming so far and spending so much. Can't you wait until you get your AP before you go back to Canada? You can try for an expedited AP. Then file a re-entry permit after you get your green card? Why did you not file AP at the same time as the EAD?

Edited July 26, 2018 by Teemo

[A&H2018 148]

Thanks everyone for the info. Yah it is rather difficult situation unfortunately sometimes way it goes. Yah trying to expedite AP in general, even if we stay in the USA I need to go to Canada for certain conferences typically. So not all trying to game the system with an AP etc...just trying to move the decision to live in the USA back 18 months. Not looking to abandon AOS for a trip, would be to live in Canada till late 2019-mid 2020. I figured this was the answer and have to pay again.

Edited July 26, 2018 by A&H2018