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

[Crazy Cat 41,982]

@Aosap402 Please continue to update us.  Cases like this are extremely interesting, but we don't often get followup information.  Your experience will be extremely beneficial to other posters.  I hope it works out well for you.

[Aosap402 3]

31 minutes ago, K1visaHopeful said:

You could try to get her back in but be prepared to have her denied entry. Then also you would have to disclose that denial of entry on her new I485 and DS260 as well. It might be better to avoid the whole reentry issue now and not have that denial of reentry on her record.

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

[Boiler 45,696]

It will be an IR1 as you will be married ore than 2 years by the time you are approved.

[Crazy Cat 41,982]

1 minute ago, Aosap402 said:

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

1.  I would at least consult with an immigration attorney before I took any drastic action.

2.  The difference between a CR-1 and an IR-1 is that if married for 2 years upon date of entry to the US, the new resident will receive a 10 year green card....and no removal of conditions would be required 2 years later.

[payxibka 10,045]

1 minute ago, Aosap402 said:

Ok guys we have decided we will just stay in her home country and apply for a cr1 visa now and just forget about the interview. Its much cleaner and cheaper in this situation so we think its for the best. Thanks for all the advise. I do have 2 last questions however. For the cr1 visa, im guessing we have to have the aos officially denied, could we call uscis and ask them to cancel the interview to do that or does it not matter and we should just go ahead and apply for the cr1 visa even though the aos is technically pending. Last question me and my wife have been married a year and a half, i know there is a version of the spousal visa for married more than 2 years with some benefits to it. If we apply now for the cr1 will it automatically change into the other version because we will have then been married more than 2 years or will we still only get approved for the version that is for people that are married under 2 years>? Again, thanks everyone for all your help.

Cr vs ir is determined at entry.   If married 2+ years at entry you avoid conditional status. 

 

You should withdraw the i485 and get the i130 sent to nvc for consular processing 

[JFH 12,190]

12 minutes ago, Boiler said:

I was trying to work out od she has re entered, I assume not.

 

She is still out of the country for an emergency that has ongoing for more than 3 months. 

[Aosap402 3]

32 minutes ago, JFH said:

She is still out of the country for an emergency that has ongoing for more than 3 months. 

Lol we never came back because we didnt even know the case was still open. Either way it doesnt matter we have decided to go the smarter route of the spousal visa so the application and case are now going to be withdrawn.

[Aosap402 3]

35 minutes ago, payxibka said:

Cr vs ir is determined at entry.   If married 2+ years at entry you avoid conditional status. 

 

You should withdraw the i485 and get the i130 sent to nvc for consular processing 

Ok thank you so much. Will i have to pay the i-130 fee again or will they just send their records of it to nvc if we ask them? And im guessing im just supposed to call the 1800 uscis number and ask them to do that or is it something else? Thanks again.

[payxibka 10,045]

12 minutes ago, Aosap402 said:

Ok thank you so much. Will i have to pay the i-130 fee again or will they just send their records of it to nvc if we ask them? And im guessing im just supposed to call the 1800 uscis number and ask them to do that or is it something else? Thanks again.

I think its the i-824

[Aosap402 3]

3 minutes ago, payxibka said:

I think its the i-824

So if i filed this form and payed the 465, they would send the i-130 i already payed for to nvc without me having to refile i-130 myself correct? And how do i know if my i-130 is approved? it seems to me that its joined with the i-485 so do i have to redo the i-130 if that is the case?

[eckoin 211]

2 hours 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?

I know you decided to go the spousal visa route, and I agree with your decision. Just to confirm everyone else's thoughts, here's how my COS (not AOS) application worked:

 

I submitted COS from one status to another (work to tourist). I left the US one month later. I then re-entered the US, got another work status, and that was that. 

 

4 months later, I got a letter from USCIS saying that my COS application was canceled since I left the US. 

 

They move VERY slowly. It would eventually come back and bite you if you tried, it would just be a matter of time. So good call, and good luck! 

[treppenwitz 78]

3 hours ago, Aosap402 said:

I understand what your saying, but up until that point it is valid and will only start being a problem once they decide to deny, if that happens i would just refile Aos and start again but she should be able to stay in the u.s since i would reapply while she is in the u.s

Very low odds of re-entering with AP. But if you do get in see the threads below:

 

[Huckleberry&Koala 184]

For just a general info how i-131 works, here is a statement from USCIS page( https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel) :

"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned."

Edited April 7, 2019 by Huckleberry&Koala

[Cheschirecat 176]

7 hours 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

Had a friend whose wife left and came back- same way. They didn’t tell anyone anything. They had no issue. Best of luck 

[SalishSea 17,939]

8 hours ago, p-ana said:

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

Why would she not?  She's in possession of a valid AP card.