Spouse travelling back to UK -- but no marriage certificate yet

[Ayrton 965]

51 minutes ago, Boiler said:

He ha a L and is not using Adjustment benefit

She sent his AOS package while he's out of the country. Which means there's no status to adjust from.

[Ayrton 965]

2 hours ago, laylalex said:

We prepped everything while he was still here. We were literally just waiting for the marriage certificate to show up, everything was signed and dated shortly before he left. 

But If he's out of the country, there's no status to adjust from. I would try to stop the package or the payment. You will have to update the 485 with the new I-94 that will be generated when he arrives from the UK. That's the status he will be adjusting from.

[laylalex 7,284]

Thank you, everyone. I spent the afternoon reading up and coming to the same conclusion, that we jumped the gun. Fees have not been charged yet so I am trying to come up with a solution. I charged it to one of my credit cards so the best thing may be to just pause the card so that the whole package is rejected. I of course made copies of everything, and we will need to update everything now when he gets back. The timing was just bad, we had a window of opportunity for him to go to the UK and he took it. The marriage certificate took forever to arrive and it didn't occur to me that he wasn't "here" when I sent off the package because his life is here already and he can come and go without needing AP. It's not like with my first husband who was a K1, and we knew very, very well that the terms of his visa meant we had to file AOS before he could leave (with AP!). It's a different mindset with this L1, in many ways there's so much more freedom, but this bit is just the same as the K1.

 

The good news is I told him and he didn't care one way or the other.   All he cared about was whether he could get back in to come home. Since he's got all the docs he needs for that, I'm going to just spend a little time updating what I can do now. I guess since it's a new month we'll have to redo the I-944 to add the most recent financial statements. More of a pain than anything else. We can eat the fees if the card gets charged as the "stupid tax" for not thinking about this properly. 

[HRQX 4,145]

On 1/1/2021 at 4:26 PM, laylalex said:

when he gets back.

Also, he'll need PCR test: https://www.federalregister.gov/documents/2020/12/31/2020-28981/requirement-for-negative-pre-departure-covid-19-test-result-for-all-airline-passengers-arriving-into "any airline passenger departing from the UK"

[laylalex 7,284]

21 minutes ago, HRQX said:

Also, he'll need PCR test: https://www.federalregister.gov/documents/2020/12/31/2020-28981/requirement-for-negative-pre-departure-covid-19-test-result-for-all-airline-passengers-arriving-into "any airline passenger departing from the UK"

Already in hand.  Antigen tests are also fine, and his was a negative today. Nearly home, he's going to have to quarantine for a while per county rules, and get tested again. And I am NOT letting him leave the country for a while!