Had a pending AOS in the US

[Iamjuly 2]

Hi guys, I have a situation here. I am from the Philippines.  I am married now to a USC. As soon as we get our Certificate  of marriage, we will be filing CR1 visa. 

 

But I have a situation  here. Way back 2017, I admitted to the US using Fiancee  Visa, I got married 2 days after I arrived. That was January. We applied for AOS around May. But as soon as we received our biometrics appointments, things changed  with my ex husband. He is very abusive. I decided to left him and go back here in the Philippines that is August. And I didn't  show up in the biometrics as well. In fact, I abandoned  it and thinking that I am not coming back anyway.  On November 2017 my ex husband  filed for an annulment since we got married at Nevada its easy.  I got the Finality of our annulment decree on January 2018.

 

I am checking online the AOS that we sent out, the status is still "CASE RECEIVED " NO UPDATE or denied whatsoever. 

 

Now, since we are planning  my husband now to file for CR1 do I have to send a letter to USCIS withdrawing  that AOS?? Now I am so confused  and scared too that it might hampered with our application in the future worse be denied because of that. Please help and give advice. Thank you so much. 

Edited March 17, 2019 by Iamjuly

[milimelo 4,572]

Withdraw the pending AOS. Should’ve done that as soon as you left the US. 

[JFH 12,191]

*~*~*moved from “off topic” to “IR-1/CR-1 spouse visa process and procedures”*~*~*

 

 

I’d also be prepared for additional scrutiny - you say you came here as a K-1 “way back in January  2017”. 26 months isn’t “way back”. That’s an usually short amount of time to come here, get married, leave, receive an annulment, meet another American (that’s the part that may attract the most scrutiny) and get married. To any USCIS Officer it could look like you are just getting married to be able to come here. 

[pushbrk 13,172]

2 hours ago, JFH said:

*~*~*moved from “off topic” to “IR-1/CR-1 spouse visa process and procedures”*~*~*

 

 

I’d also be prepared for additional scrutiny - you say you came here as a K-1 “way back in January  2017”. 26 months isn’t “way back”. That’s an usually short amount of time to come here, get married, leave, receive an annulment, meet another American (that’s the part that may attract the most scrutiny) and get married. To any USCIS Officer it could look like you are just getting married to be able to come here. 

That's a reasonable summary of the issues but I doubt they will be a problem for USCIS.  A Consular Officer will be making the decision as to the relationship bona fides.  A letter included with the new petition, that asks the I-485 to be withdrawn, will suffice.  There was no actual need to withdraw it at any time.  It will have been considered abandoned already.  The withdrawal letter is just "housekeeping".

 

The US Citizen Petitioner in this case needs to be very aware of all these issues and address them directly in the new petition and you both need to be prepared to explain all actions directly, completely, and honestly.

[Iamjuly 2]

14 minutes ago, pushbrk said:

That's a reasonable summary of the issues but I doubt they will be a problem for USCIS.  A Consular Officer will be making the decision as to the relationship bona fides.  A letter included with the new petition, that asks the I-485 to be withdrawn, will suffice.  There was no actual need to withdraw it at any time.  It will have been considered abandoned already.  The withdrawal letter is just "housekeeping".

 

The US Citizen Petitioner in this case needs to be very aware of all these issues and address them directly in the new petition and you both need to be prepared to explain all actions directly, completely, and honestly.

Thank you very much. This really help me to think positively or in a positive direction. My now husband know all about this.   Yeah, I will  do that, include a letter of withdrawal. I REally appreciate  you taking time in giving me some emlightenment