Experiences submitting IR-1 after abandoning AOS following K-1?

[letsgetthisdone 0]

I came to the U.S. at the end of 2019 on a K-1 visa and got married to my now husband. We applied for AOS but had to abandon it because I couldn't attend the interview. I am officially a citizen/resident of Canada at this point in time.

 

We are now looking at submitting the IR-1. Does anyone know whether the previously abandoned AOS impacts our new applications? Does it speed up the process at all or potentially just complicate it?

[Chancy 6,241]

10 minutes ago, letsgetthisdone said:

I am officially a citizen/resident of Canada at this point in time.

 

And you are currently outside the US?

 

[letsgetthisdone 0]

4 minutes ago, Chancy said:

 

And you are currently outside the US?

 

Yes, outside the U.S. and would be submitting for consular processing 

[Rocio0010 5,579]

18 minutes ago, letsgetthisdone said:

Does anyone know whether the previously abandoned AOS impacts our new applications? Does it speed up the process at all or potentially just complicate it?

It doesn't have any positive or negative impact.

[Chancy 6,241]

32 minutes ago, letsgetthisdone said:

Yes, outside the U.S. and would be submitting for consular processing 

 

No issue with having an abandoned AOS application, assuming there's no misrepresentation on your record.  I mention this because there's another thread where the applicant previously came in on a K1 visa, then had their AOS denied, and years later having trouble with IR1 visa application due to a previous finding of misrepresentation.  If your immigration record is clean, no need to worry about your AOS complicating your current IR1 case.  That said, there's no guarantee that it will speed up the processing of the I-130 petition filed for you.

 

Edited October 20, 2022 by Chancy
clarification