Best way to formally withdraw K-1 AOS to start CR-1/IR-1

[JKLSemicolon 388]

Hi,
 

I started another thread in the CR-1 forum but asked too many questions at once. Here I will focus on just one issue.

 

We submitted the I-485/765/131 at the beginning of September to adjust status from a K-1 visa, but my wife had to leave the U.S. without Advanced Parole and we will now be filing for an IR-1/CR-1 instead.

 

I understand that the AOS was abandoned upon departure from the country. However, before submitting the I-130, I am not sure if it is still in our best interest to notify USCIS of the withdrawal of the AOS application, and the best way to do so with my wife out of the country.

 

Options I can think of are:

1. I, the U.S. citizen, send a letter to the National Benefits Center (where the NOA1s were addressed from) informing USCIS that my wife has left the country and will no longer be adjusting status, and that I intend to file an I-130 on her behalf. Attach all NOA1s and I-94 arrival/departure record. (I have read of at least one person on this forum who did it this way and received a response).
2. Instead of #1, my wife sends the letter from Ecuador instead of me, since she was the applicant on all those forms. (More difficult as Correos del Ecuador is having a lot of service issues right now).
3. Do neither 1 or 2 and instead explain the situation in the cover letter of the I-130 when I submit it.
4. Some other option (e.g. make an appointment with the local USCIS office, send a scanned letter from my wife without an original signature, something else?)

 

Any suggestions would be appreciated. Mainly we are interested in minimizing any confusion and making sure USCIS doesn't spend any unnecessary time on the AOS case (so that presumably that time can be spent on cases that are actually worth pursuing like the IR-1/CR-1 we submit).

 

Thanks!

Edited October 13, 2020 by JKLSemicolon

[Crazy Cat 41,192]

File an I-130........and proceed.....the I-485 has already been abandoned.