abandonment of AOS

[sjoefl01 1]

I'm curious what your husband has to say about all of this. I would be a little insulted if Lucero left the states to get in the middle of a family squabble after all we had to go through to get her here. When you get married the husband / wife should take priority over the parents. Is it possible that you are a little homesick and this divorce gives you a very important reason to go home?

[Hilarious Clinton 452]

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

What consequence(s) would/could it have?

You would have to start from scratch. K-3 then AOS when you got here. You're not in any trouble with the USCIS. In fact they probably like the extra money they make in fees.

[ChristinaM 0]

I'm curious what your husband has to say about all of this. I would be a little insulted if Lucero left the states to get in the middle of a family squabble after all we had to go through to get her here. When you get married the husband / wife should take priority over the parents. Is it possible that you are a little homesick and this divorce gives you a very important reason to go home?

If you'd read the whole thread instead of jumping to unbased conclusions, you'd see that she's required to be a witness as a result of giving evidence to the police.

I think your comments were unfair, sjoefl01.

[eau_xplain 2]

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

Sophie, since your going home is in relation to giving evidence, perhaps you could get documentation to that effect, get an INFOPASS appointment and apply for emergency/expedited AP.

[sjoefl01 1]

I don't know the laws in the country that this suit is being filed in but divorce is a civil matter. I don't think there is a civil court in the world that can summons international witnesses. I can't imagine being extradited to another country to testify in a divorce court.

I am sorry that you were offended. I just feel like marriage is more important than divorce. Would you give up your marriage to assist in a divorce?

I'm curious what your husband has to say about all of this. I would be a little insulted if Lucero left the states to get in the middle of a family squabble after all we had to go through to get her here. When you get married the husband / wife should take priority over the parents. Is it possible that you are a little homesick and this divorce gives you a very important reason to go home?

If you'd read the whole thread instead of jumping to unbased conclusions, you'd see that she's required to be a witness as a result of giving evidence to the police.

I think your comments were unfair, sjoefl01.

[hcj 0]

Sophie --

CLMarsh was right, though I don't know if you noticed her DCF comment amidst all the posts. Australia has a 1-day DCF turnaround (if all your paperwork is in order). Presuming you are "otherwise admissible" (no overstay, no criminal record, no health problems that would bar admittance, no drug use, etc.) and presuming your husband can take a short trip to Australia, you could go to the consulate with all required paperwork, file for an immigrant visa, and walk out with it the same day. You would then use that immigrant visa to re-enter the US, which means you enter as an immigrant aka LPR aka "green card holder". The plastic green card will get sent to you in the mail. What a nice way to bypass the whole AOS process, if you don't mind paying new fees.

Sounds like your AP is about to be approved and that if it doesn't, you could possibly make a case for an emergency AP. But if neither of those options come through, or if you just want to get your GC faster, look into DCF. There is a DCF forum on VJ with information, and/or call the US consulate in Australia.

Sydney US Embassy website:

http://canberra.usembassy.gov/consular/iv.html

[dmartmar 1]

The reason I have to go back home is that I gave some evidence to the police in a family dispute and am needed as a witness, so I suppose I COULD provide documentation that I am needed back home.

Imagine if after all was said and done, your parents eventually reconciled.

[aussiewench 9]

I don't know the laws in the country that this suit is being filed in but divorce is a civil matter. I don't think there is a civil court in the world that can summons international witnesses. I can't imagine being extradited to another country to testify in a divorce court.

I am sorry that you were offended. I just feel like marriage is more important than divorce. Would you give up your marriage to assist in a divorce?

The OP didnt say it was divorce court.

The reason I have to go back home is that I gave some evidence to the police in a family dispute and am needed as a witness,

[ChristinaM 0]

I don't know the laws in the country that this suit is being filed in but divorce is a civil matter. I don't think there is a civil court in the world that can summons international witnesses. I can't imagine being extradited to another country to testify in a divorce court.

I am sorry that you were offended. I just feel like marriage is more important than divorce. Would you give up your marriage to assist in a divorce?

I'm curious what your husband has to say about all of this. I would be a little insulted if Lucero left the states to get in the middle of a family squabble after all we had to go through to get her here. When you get married the husband / wife should take priority over the parents. Is it possible that you are a little homesick and this divorce gives you a very important reason to go home?

If you'd read the whole thread instead of jumping to unbased conclusions, you'd see that she's required to be a witness as a result of giving evidence to the police.

I think your comments were unfair, sjoefl01.

I think what bothered me was the comment about using it as a good excuse to go back to to homesickness. My feeling from the thread was that the OP was torn between wanting to do a duty in their home country and very much not wanting to give up the AOS process.

I agree that your spouse has a certain level of priority, but at the end of the day your parents are still your parents. Being legally required to be somewhere and feeling obligated to are very different, and the OP obviously feels obligated to go - which is not our call to make.

My apologies though - I didn't phrase it as well as I might and it came out a little harsher than I intended.

Christina