Abandon Adjustment of Status because of family issues /overstay/

[Liese Mueller 0]

 

We got married last year in the US at the end of the 90 days you can stay as a tourist. Therefore I am in the Adjustment of Status. My husband is American. We could give the I -485 and all the papers  one day after the 90 days expired to the mail. That’s why I have an Overstay. Now the processing time went up and it could be another 1,5 years till we could leave with a Reentry Permitt. 

 

In the meantime my father got a nursing case and my mother can’t handle the situation anymore by herself. I am the only child. Therefore we would prefer to leave the US in a few weeks and move to my home country. This is hard to say , nobody can look in the future but whenever the family situation is changing and my father will pass away we probably would love to move back to the US and therefore I would love to know what the consequences are for the cases below:

 

1. What would happen if we would leave the US now and move back to my home country? Would I be able to apply for the GC again?

 

1. Would I only be able to enter the US with a B1 Visa my whole life? Is there even a danger with that? Is there a Barre under those circumstances? 

 

1. What happens if I would file an Advanced Parole now and we leave the US with the AP ( but that takes 4 to 6 months) and then I would need to stay in my home country because of the circumstances? Will we be able to apply for the GC again?

 

1. Same thing if we would wait till I get the GC, file the Reentry Permitt and then leave. How would that be if we need to stay in my home country and I return my GC at the consulate. Will I be able to apply for the GC again? Will I only be able to enter the US with a B1 Visa my whole life under the circumstances that I once had the GC?

 

Any experience or recommendation helps. 

 

[Just Paul 4,595]

Not sure why you didn't file the AOS last year after you were married.  If you leave without the AP or green card you can not come back.  You would file for a spousal visa.

[AnJay 137]

1. Yes, but you will have to file for spouse visa.

2. No you can not use your B-2 because you already showed your intentions to immigrate. Forget about b-2.

3. AP takes 5-7 months now. You can file for emergency parole. I dont know how long you can stay in your home country on AP. You will have to come to interview, otherwise your AOS will be abandoned.

4. Forget about B-2 visa, you probably wont get it again. If you really need to go now, go. When you guys will be ready to return, USC have to file for spouse visa and you will wait for the interview in your home country. Be ready to answer why you abondoned your AOS.

 

 

 

[Liese Mueller 0]

13 minutes ago, Paul & Mary said:

Not sure why you didn't file the AOS last year after you were married.  If you leave without the AP or green card you can not come back.  You would file for a spousal visa.

We filed it the papers immediately after we got married but we thought the stamp on the letter when you mail it can be the same day as the last day of the 90 days. Afterwards we found out that it is the received date what counts. Our check wasn’t there from the bankas expected that’s why we were even one day later. 

It is not a problem if I couldn’t  come back immediately and i would need to reapply  for a greencard. I am just concerned that I don’t have access at all anymore to the US. 

[Liese Mueller 0]

25 minutes ago, AnJay said:

1. Yes, but you will have to file for spouse visa.

2. No you can not use your B-2 because you already showed your intentions to immigrate. Forget about b-2.

3. AP takes 5-7 months now. You can file for emergency parole. I dont know how long you can stay in your home country on AP. You will have to come to interview, otherwise your AOS will be abandoned.

4. Forget about B-2 visa, you probably wont get it again. If you really need to go now, go. When you guys will be ready to return, USC have to file for spouse visa and you will wait for the interview in your home country. Be ready to answer why you abondoned your AOS.

 

 

 

Do you think there is no way to come to the US again as a tourist  with a B -Visa for a holiday then? Even though if I would would wait and get the greencard and then return it with a reentry permit.   I thought you have an interview where you  can explain the situation.  I still wanna have the option to visit the family of my husband in a couple of years even if we decide not to  live in the States anymore. 

 

 

[Roel 7,193]

You can leave and do cr1 Visa when you're ready to move to the US. 

 

No one can tell you if you'll be issued b2 visa or not. 

[AnJay 137]

1 hour ago, Liese Mueller said:

Do you think there is no way to come to the US again as a tourist  with a B -Visa for a holiday then? Even though if I would would wait and get the greencard and then return it with a reentry permit.   I thought you have an interview where you  can explain the situation.  I still wanna have the option to visit the family of my husband in a couple of years even if we decide not to  live in the States anymore. 

 

 

Unfortunately I can not answer on your question. b2 visa is for business/pleasure and not guaranteed. 

[Cheschirecat 176]

20 hours ago, Liese Mueller said:

 

We got married last year in the US at the end of the 90 days you can stay as a tourist. Therefore I am in the Adjustment of Status. My husband is American. We could give the I -485 and all the papers  one day after the 90 days expired to the mail. That’s why I have an Overstay. Now the processing time went up and it could be another 1,5 years till we could leave with a Reentry Permitt. 

 

In the meantime my father got a nursing case and my mother can’t handle the situation anymore by herself. I am the only child. Therefore we would prefer to leave the US in a few weeks and move to my home country. This is hard to say , nobody can look in the future but whenever the family situation is changing and my father will pass away we probably would love to move back to the US and therefore I would love to know what the consequences are for the cases below:

 

1. What would happen if we would leave the US now and move back to my home country? Would I be able to apply for the GC again?

 

1. Would I only be able to enter the US with a B1 Visa my whole life? Is there even a danger with that? Is there a Barre under those circumstances? 

 

1. What happens if I would file an Advanced Parole now and we leave the US with the AP ( but that takes 4 to 6 months) and then I would need to stay in my home country because of the circumstances? Will we be able to apply for the GC again?

 

1. Same thing if we would wait till I get the GC, file the Reentry Permitt and then leave. How would that be if we need to stay in my home country and I return my GC at the consulate. Will I be able to apply for the GC again? Will I only be able to enter the US with a B1 Visa my whole life under the circumstances that I once had the GC?

 

Any experience or recommendation helps. 

 

So you didn’t already file for advanced parole when you filed for AOS? 

[Liese Mueller 0]

No we did not file it together with AOS. We were told  that it is better not  to file it. I filed it now but it will probably take too long for the circumstances at home.  

[NikLR 13,232]

Okay need some dates and you have no timeline.  1 day of overstay doesnt really matter other than the fact you won't get a B2 again. 

https://www.visajourney.com/timeline/profile.php?id=328013