I left the US and want to refile later

[Cndn 98]

I left the US and my AP is expired. I knowingly abandoned my application for adjustment of status. I have my reasons. I came to the US on a K1 and then filed for AOS. I filed a little late, so I may or may not have incurred a 3 year ban (I think I was out of status just under 180 days but I’m unclear how they calculate it). I plan to write to USCIS with my receipt and alien number, letting them know I have left and am withdrawing my application. My husband and I plan to file a CR1 visa later on. Does anyone know how long it takes to get a spouse green card visa interview at Montreal right now? Is it about a year still? 
 

Also, if I did incur a 3 year ban for the overstay period because the AOS was filed late, would we then have to wait to file when the 3 years were over or is there some kind of waiver we could apply for? 

[Dashinka 24,487]

4 hours ago, Cndn said:

I left the US and my AP is expired. I knowingly abandoned my application for adjustment of status. I have my reasons. I came to the US on a K1 and then filed for AOS. I filed a little late, so I may or may not have incurred a 3 year ban (I think I was out of status just under 180 days but I’m unclear how they calculate it). I plan to write to USCIS with my receipt and alien number, letting them know I have left and am withdrawing my application. My husband and I plan to file a CR1 visa later on. Does anyone know how long it takes to get a spouse green card visa interview at Montreal right now? Is it about a year still? 
 

Also, if I did incur a 3 year ban for the overstay period because the AOS was filed late, would we then have to wait to file when the 3 years were over or is there some kind of waiver we could apply for? 

I have heard it is still running 12-16 months for a CR1 in general, not sure about Montreal specifically.  If you did incur a ban, there should be a waiver available, and unfortunately you won't find that out until the interview for the CR1, so I would file now assuming you and your spouse are ready.

 

Good Luck!

[Cndn 98]

5 hours ago, Dashinka said:

I have heard it is still running 12-16 months for a CR1 in general, not sure about Montreal specifically.  If you did incur a ban, there should be a waiver available, and unfortunately you won't find that out until the interview for the CR1, so I would file now assuming you and your spouse are ready.

 

Good Luck!

Thank you. There is really no way to tell if I incurred a ban before the interview?? Wow. Do you know if the waiver is likely to be approved?

[Dashinka 24,487]

1 hour ago, Cndn said:

Thank you. There is really no way to tell if I incurred a ban before the interview?? Wow. Do you know if the waiver is likely to be approved?

I am not aware of a way short of trying to apply for a B2, or maybe attempting to try and enter the US.  As to the waiver, I think they are highly likely for a spouse as long as the ban is not for something more serious.

 

Good Luck!

[Cndn 98]

5 minutes ago, Dashinka said:

I am not aware of a way short of trying to apply for a B2, or maybe attempting to try and enter the US.  As to the waiver, I think they are highly likely for a spouse as long as the ban is not for something more serious.

 

Good Luck!

Thanks for your help! 

[Lemonslice 4,835]

16 hours ago, Cndn said:

I left the US and my AP is expired. I knowingly abandoned my application for adjustment of status. I have my reasons. I came to the US on a K1 and then filed for AOS. I filed a little late, so I may or may not have incurred a 3 year ban (I think I was out of status just under 180 days but I’m unclear how they calculate it). I plan to write to USCIS with my receipt and alien number, letting them know I have left and am withdrawing my application. My husband and I plan to file a CR1 visa later on. Does anyone know how long it takes to get a spouse green card visa interview at Montreal right now? Is it about a year still? 
 

Also, if I did incur a 3 year ban for the overstay period because the AOS was filed late, would we then have to wait to file when the 3 years were over or is there some kind of waiver we could apply for? 

With the current pandemic, you might want to file earlier rather than later - it would be extremely surprising if you were done in less than a year.  If ever the process goes faster than you want, you can always delay sending the documents later on...  

[Cndn 98]

1 hour ago, Lemonslice said:

With the current pandemic, you might want to file earlier rather than later - it would be extremely surprising if you were done in less than a year.  If ever the process goes faster than you want, you can always delay sending the documents later on...  

good advice, thanks!