AOS wasent abandoned after leaving u.s before AP was issued?

[Aosap402 3]

Hi ive got a weird issue, my wife had an emergency and had to leave the u.s on Jan 3rd. I believed her aos wouod have been auto abandoned, however she was given an interview date of March 14th and a AP card valid from Feb 13th. I tried my luck and told uscis that she left due to emergency and that we need to reschedule the aos interview and they suprisingly accepted and rescheduled it for July. This is where I'm confused, the fact that uscis granted the reschedule must mean they looked at her file, they must have seen thst she left before the AP card was issued. But they didn't abandon or deny the application. I called uscis again yesterday just to make sure the case was still open and pending and they said yes it is, I told them that she left before jt was issued and would that be a problem at the airport. They told me to call cbp and ask them, so I did. I told cbp the issue and they said she will be given entry as long as the aos is still pending and she has the AP card in her hand regardless of when it was issued because they only check if its still pending not if she left before it was issued. So I came to her home country and brought the card with me. And expect to get back into the u.s with her fine. My question is whats going to happen at the rescheduled interview. If they made a mistake and deny her vecause she shouldnt have been abke to get in, can i just immediately reapply for aos and restsrt knowing i shoukd ve fine because her only reason for the first denial was leaving before AP was issued? I know this is a long post but i wanted to get everything on the table so you guys know what's going on and what ur thoughts on the matter are. Thanks.

[Crazy Cat 41,982]

9 minutes ago, Aosap402 said:

If they made a mistake and deny her vecause she shouldnt have been abke to get in, can i just immediately reapply for aos and restsrt knowing i shoukd ve fine because her only reason for the first denial was leaving before AP was issued?

If they deny her AOS, I would immediately refile.

[K1visaHopeful 2,848]

Was she a K1? 

IF they let her back in and IF she gets denied at the interview you would have to file an I130 for her and then I485. 

[Aosap402 3]

3 minutes ago, K1visaHopeful said:

Was she a K1? 

IF they let her back in and IF she gets denied at the interview you would have to file an I130 for her and then I485. 

She was a b2 visa and she met and married me after she got here. Its not marriage fraud so I'm not worried about that and cbp at Miami airport themselves said she would get in fine so I think itl be ok. We already have her I-130 nd I-485 filed so I would just need to refile correct. Also, do you guys think its a good idea to get a lawyer for the interview becayse of the added complexity to this case? We didnt use one for filing but i could get one just for the interview

[K1visaHopeful 2,848]

6 minutes ago, Aosap402 said:

She was a b2 visa and she met and married me after she got here. Its not marriage fraud so I'm not worried about that and cbp at Miami airport themselves said she would get in fine so I think itl be ok. We already have her I-130 nd I-485 filed so I would just need to refile correct. Also, do you guys think its a good idea to get a lawyer for the interview becayse of the added complexity to this case? We didnt use one for filing but i could get one just for the interview

I dont know what to answer.

Her I485 application should have been cancelled the moment she left the country without AP. So I kind of think you have been talking to ppl who dont know the answers to your question. 

If she cant get back in you will have to file an I130 for her to obtain a CR1 visa for her to reenter. THAT is what I meant. 

 

Please fill out your timeline. VJ depends on that info for its stats. Please help others by doing so.

[Aosap402 3]

1 minute ago, K1visaHopeful said:

I dont know what to answer.

Her I485 application should have been cancelled the moment she left the country without AP. So I kind of think you have been talking to ppl who dont know the answers to your question. 

If she cant get back in you will have to file an I130 for her to obtain a CR1 visa for her to reenter. THAT is what I meant. 

 

Please fill out your timeline. VJ depends on that info for its stats. Please help others by doing so.

The fact that it was rescheduled by the interviewer himself proves that it was not cancelled and it was rescheduled a month after she left so its not like they didnt see that she had left. I know what i must do if she is denied I was just wondering what you all thought would happen at the interview. Is it possible the interviewer will just overlook it due to it being a mistake on their part?

[payxibka 10,045]

Just now, Aosap402 said:

The fact that it was rescheduled by the interviewer himself proves that it was not cancelled and it was rescheduled a month after she left so its not like they didnt see that she had left. I know what i must do if she is denied I was just wondering what you all thought would happen at the interview. Is it possible the interviewer will just overlook it due to it being a mistake on their part?

Once they understand that she left they will deny 

[Crazy Cat 41,982]

2 minutes ago, Aosap402 said:

so its not like they didnt see that she had left.

What makes you think they even checked to see if she had left the country at this point? 

Edited April 7, 2019 by missileman

[Aosap402 3]

Just now, missileman said:

What makes you think they even checked to see if she had left the country? 

How else do they know when other people leave, why is this application still open? It should happen automatically. It does for most people but it didn't in this case. Why i have no idea, but it does mean that she should be able to get back in. And because of that I should be able to refile immediately after the interview if they so chose to deny it then.

[Crazy Cat 41,982]

2 minutes ago, Aosap402 said:

It should happen automatically. It does for most people

What makes you think that USCIS automatically gets a flag when someone leaves the country?  It doesn't happen like that....NO one goes through immigration when leaving the US.......when they check her travel history (probably shortly before the interview), they will see......just my opinion.

Edited April 7, 2019 by missileman

[Crazy Cat 41,982]

When is the last time you processed through immigration when you left the US?    Never.....

[payxibka 10,045]

Except on her next entry she will be entering as a nonimmigrant with a preconceived plan to circumvent the law in order to gain an immigrant benefit,  which is a slippery slope 

[Aosap402 3]

2 minutes ago, missileman said:

What makes you think that USCIS automatically gets a flag when someone leaves the country?  It doesn't happen like that....NO one goes through immigration when leaving the US.......when they check her travel history (probably shortly before the interview), they will see......just my opinion.

Your right. I'm not trying to argue lol I just wanted to know why they didn't cancel it right then. If its true that they dont know and will look before the interview then going back to the u.s asap before they deny it seems to be the smartest bet. Should I get a lawyer to come with us to the interview so that we can refile quickly without them going through deportation proceedings?

[p-ana 933]

1 minute ago, Aosap402 said:

Your right. I'm not trying to argue lol I just wanted to know why they didn't cancel it right then. If its true that they dont know and will look before the interview then going back to the u.s asap before they deny it seems to be the smartest bet. Should I get a lawyer to come with us to the interview so that we can refile quickly without them going through deportation proceedings?

You’re not even sure she will be allowed back in

[Crazy Cat 41,982]

1 minute ago, Aosap402 said:

Should I get a lawyer to come with us to the interview so that we can refile quickly without them going through deportation proceedings?

If they deny entry, you'll have to file a CR-1 after she returns to her country.

If they deny her AOS, you can immediately refile.

I don't see how an attorney at the interview can help......the attorney can't answer questions for you.