abandonment of AOS

[sophie2305 0]

ok i have a question what happens if you abandon your case of AOS .... not only do i lose the money but is it possible to restart the adjustment again or apply for another visa once im back in Australia . I applied for AOS here but due to unforseeable circumstances with my parents they have had a messy divorce and need me back home asap . I dont want to abandon the case and I cant apply for an emergency AP .. i know this sound stupid but i feel its my only option .... help please

[Jasman0717 9]

If you leave you have to start all over again. Why can't you do an emergency AP, that seems to be the best way to go?

[Hilarious Clinton 452]

Let the dust settle. Your parents are adults. I'm sure they each have a support group of friends and family over there.

Don't let a messy divorce overflow and mess up other peoples lives. Get AP and see them soon enough.

[ChristinaM 0]

If you have applied for AOS there is no reason that you cannot file for emergency AP. You may have trouble proving it's a real emergency, but the AP part itself you are fully entitled to.

If you abandon the AOS now, your options will be to file for K3 and start the process all over again, or obtain a CR1 via DCF. I believe DCF through Australia is a pretty uniquely quick way to do it, so look into that if you feel you absolutely must travel.

Finally - you're doing the AOS for you and your partner, to spend the rest of your lives together. Your parents are grown adults, and it is unfair and selfish of them to expect you to rush home. If they need you that much, I would suggest that they come and visit you. But that's not my call

Good luck on whatever you decide to do.

[pax 0]

My parents are divorced too, and let me tell you that getting yourself dragged into it will not do you any good. You have your own life to concentrate on, and while I think it's a kind impulse you have to want to go home, my inclination is to think that this isn't the same as a sick relative or a new baby or something like that. Divorce is pretty much always messy, painful, and dragged-out. You're trying to build your own marriage right now, and being away from your husband for months or weeks at a time isn't going to help yourself, your husband, or your marriage. My relationships suffered a lot during my mom's second divorce. I don't want to see that happen to you or anyone.

I don't have any other immigration-type advice to offer, as that's already been handled quite competently by other post-ers here. You do have my sympathy and best wishes for your strength and hope during this time.

[raymaga 25]

I agree with all the other posters that you should not abandon your AOS application and leave the U.S. right now. Apply for AP (which can be approved in 6 or 7 weeks) and go then. Or, if your AOS application is close to being finished, wait until you have your Green Card, and then go.

You are not going to be able to "save" your parents from the hurt and turmoil of divorce. They need to deal with that themselves and will get past it just like all of us who are divorced did. Your support can be a comfort to them when you are able to travel and not abandon your spouse and marriage.

Good luck.

[Kajikit 65]

I hate to say this, but why is your parents divorce any of your concern? You're an adult and you're making your own life. If you go home now you won't be able to change the situation, but you'll lose all the time and money you put into getting to the US to be with your partner and you'll have to start from scratch with a K3 petition. Do you REALLY want to do that? Is your parents marriage worth sacrificing your own happiness and relationship for? They're adults, not children... there isn't anything you can do right now except offer moral support to the injured party, and you can do that over the phone from right here.

Apply for your AP tomorrow, and you should have it in about eight weeks and then you can go to visit your parents. In the meantime, buy lots of phonecards and talk to your parents on the phone...

[sophie2305 0]

ok there seems to be some light at the end of the tunnel and when i checked the processing times for MSC this morning they had changed and they are currently processing AP's with the receipt notice date of JAN 25th... my notice date is FEB 01, 2006 does this mean i am next for getting processed and how long will it take after that . The reason i have to go back home is that i gave some evidence to the police in a family dispute and im needed as a witness so i suppose i COULD provide documentation that i am needed back home . although if my AP is likely to be processed soon then my parents said that can hold off on court until i come back . it seems that my parents dont understand how frustrating this process is for me . I thankyou all who replied for being so supportive and who UNDERSTAND my situation . Come to think of it looking at all my noticed dates they are dated FEB 01, and ive also been for my biometrics.

thanks all and best of luck with your journey

[Peggy 1]

I wouldnt leave without AP.

After everything you have been thru to get this far.

Plus, your parents shouldnt expect you to just pick up and leave the USA becasue they are going thru a divorce.

[Inlove_tx 0]

Dear Sophie,

first off...*HUGS*!!!

I understand how frustrating this might be for you, since I had an emergency at home last Nov and almost thought about abandoning the AOS process to go back home...what I can suggest you is to try and apply for an emergency AP.

If you're officially needed in court and you have the police certificates and all the necessary documentation, you should be able to get the AP on the spot at your local office.

At least, you can try to make an Infopass appointment and explain your situation...you have nothing to lose.

But PLEASE, do not abandon the AOS...it's too important, and you would regret it later.

I wish you good luck and hope that you get everything sorted out.

[Kajikit 65]

I'm sorry if we didn't sound sympathetic... but we didn't want you to throw away your life because of some emotional blackmail by one or both of your parents... it's hard enough to make a new life without someone trying to drag you back to the old one. Sounds like they are getting very close to processing your AP date, so you should have your card in the next few weeks and then you can go back to talk to the police with a clean conscience... or else you could try to get an emergency AP - a divorce is not an emergency, but having to appear in court as a witness might count if you can show them a letter from the police saying they need you.

[Hilarious Clinton 452]

ok there seems to be some light at the end of the tunnel and when i checked the processing times for MSC this morning they had changed and they are currently processing AP's with the receipt notice date of JAN 25th... my notice date is FEB 01, 2006 does this mean i am next for getting processed and how long will it take after that . The reason i have to go back home is that i gave some evidence to the police in a family dispute and im needed as a witness so i suppose i COULD provide documentation that i am needed back home . although if my AP is likely to be processed soon then my parents said that can hold off on court until i come back . it seems that my parents dont understand how frustrating this process is for me . I thankyou all who replied for being so supportive and who UNDERSTAND my situation . Come to think of it looking at all my noticed dates they are dated FEB 01, and ive also been for my biometrics.

thanks all and best of luck with your journey

You are VERY close to having your AP in hand. Give it a couple weeks.

[Autumnal 25]

Yup, your AP is probably being compiled and printed off shortly. Like the others, I extend my heartfelt sympathies for your troubles and encourage you to stay in the US until you can obtain your AP. Don't throw away all your time and money for a situation that probably can afford to keep for another few weeks.

You should be able to demonstrate the evidence and need for an emergency AP if you have filed a police report or otherwise had to do anything "official" for the divorce. This might further be supported if you have evidence that one parent has sought protection due to an abusive domestic situation, I would think.

[rejane 1]

Wait to have your ap before to leave.

Good luck on making a decision.

[dmartmar 1]

But PLEASE, do not abandon the AOS...it's too important, and you would regret it later.

What consequence(s) would/could it have?