Wife left US before getting advance parole (merged)

[cmh 6]

I found out my wife snuck a flight back to her home country (well, I had my suspicions as I heard her booking an urgent flight). She‘d expressed concerns about her father’s health (reportedly had a stent put in recently) and homesickness. I-131 was sent out very recently but she left without having been approved for advance parole. She just had to wait several more months. I’m guessing her gc application is now definitely in the water? Anything that can be done to rectify it (would urgent family issues have any weight?) or would she have to start from scratch? Though she has said multiple times she doesn’t really care about a green card so not sure that would happen.

Edited August 3, 2019 by Penguin_ie

[Crazy Cat 41,884]

There is a very strong chance that her AOS has been abandoned.........If so, the only solution is a CR-1/IR-1 from the beginning.

Note: Cardiac stents are are pretty routine these days......

[junkmart 320]

20 minutes ago, cmh said:

I found out my wife snuck a flight back to her home country (well, I had my suspicions as I heard her booking an urgent flight). She‘d expressed concerns about her father’s health (reportedly had a stent put in recently) and homesickness. I-131 was sent out very recently but she left without having been approved for advance parole. She just had to wait several more months. I’m guessing her gc application is now definitely in the water? Anything that can be done to rectify it (would urgent family issues have any weight?) or would she have to start from scratch? Though she has said multiple times she doesn’t really care about a green card so not sure that would happen.

Unfortunately, she has abandoned her GC application. I don't think that her father having a stent (a pretty common procedure) would be considered a medical emergency, and urgent family issues are not considered. If she ever decides that she does wants to return to the US, I believe that she will have to apply for a spouse visa while outside the country. She may have trouble visiting as a tourist due to her past immigrant intent, but I could be wrong about that.

[Just Paul 4,595]

self delete

Edited June 24, 2019 by Paul & Mary

[Crazy Cat 41,884]

4 minutes ago, junkmart said:

Unfortunately, she has abandoned her GC application. I don't think that her father having a stent (a pretty common procedure) would be considered a medical emergency, and urgent family issues are not considered. If she ever decides that she does wants to return to the US, I believe that she will have to apply for a spouse visa while outside the country. She may have trouble visiting as a tourist due to her past immigrant intent, but I could be wrong about that.

Agree 100%.......imo, the chance of a tourist visa is probably less than 1%....

[Just Paul 4,595]

Actually it would be best to withdraw the I-1864 and let them know she has also voluntarily left the country.

[Boiler 45,522]

Sounds like a win.

[Going through 5,671]

Considering you posted a few days ago about planning on withdrawing the i-864 and divorcing, the GC would have been a lost-cause for her anyhow.

[cmh 6]

Thanks for the input everyone. Assuming this causes the pending gc application to become abandoned wouldn’t that also prevent approval of affidavit of support so no I-864 withdrawal letter needed?

[Going through 5,671]

2 minutes ago, cmh said:

Thanks for the input everyone. Assuming this causes the pending gc application to become abandoned wouldn’t that also prevent approval of affidavit of support so no I-864 withdrawal letter needed?

I would send the i-864 withdrawal letter anyhow, also mentioning she has already left the country---cuts your ties in a more official way, and costs you no more than a stamp and a trip to the post office.

Edited June 24, 2019 by Going through

[Boiler 45,522]

Agree, better to be safe.

[little immigrant 801]

Looks like your problem just solved yourself. Are you still going to divorce?

[Pinkrlion 2,721]

Correct me if I'm wrong, but for the last few posts there has been a relationship problem. Especially when you say sneaked out of the country. Withdraw I-864 like previously planned and divorce. 

Edited June 25, 2019 by Pinkrlion

[HRQX 4,145]

21 minutes ago, Pinkrlion said:

Correct me if I'm wrong...

[below is a response to your post before the edit]

There are two types of I-130 approval notices. For an I-130 submitted with an I-485 it's the following:

It mentions AOS and alludes to the need for a I-824 for it to be sent to NVC.

 

For a standalone I-130 it's:

[geowrian 22,337]

Her AOS is automatically abandoned as she departed the US without AP. It may take some time for USCIS to notice, but - assuming they don't make a mistake - the result will be a denied I-485.

No harm in sending an I-864 withdrawal letter as well, and I would suggest still doing so if you don't want there to be any risk of being on the hook. It shouldn't be needed, but there's always that chance that somebody goofs.

 

That said, it sounds like her intention was pretty clear when she decided to leave the US without telling you. Homesickness or medical concern aside, that speaks volumes that it was done without clear notice.