AOS

[Family 3,988]

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[Family 3,988]

6 minutes ago, David Mpoyi said:

Honestly that is a valid question to ask. But we have in contact and what makes this process  difficult is that there is a child involved. She left when she was pregnant.

That does put a different light on the situation. Is your name on baby’s birth certificate? 
You have your hands full …did you complete CBRA and US passport for baby? 
 

 

[David Mpoyi 8]

11 minutes ago, Family said:

That does put a different light on the situation. Is your name on baby’s birth certificate? 
You have your hands full …did you complete CBRA and US passport for baby? 
 

 

I have not done either. I am going to start on that process as soon as possible. I have to reply to the AOS RFE by march of this year. The best route will probably getting a lawyer

[Crazy Cat 41,811]

37 minutes ago, jan22 said:

per the timeline, the AOS was filed in November 2021, not after she left in January 2022.

"She left while I was doing the AOS paperwork".

[Family 3,988]

Just now, David Mpoyi said:

have not done either. I am going to start on that process as soon as possible. I have to reply to the AOS RFE by march of this year. The best route will probably getting a lawyer

Unless you get her back here …and file I-130/I-485 again …no matter how much you pay any attorney and no matter what you respond ,  it will be denied for abandonment. 
 

Since baby cannot travel w his mom, and I doubt you can manage getting yourself added to birth certificate and a successful CRBA until March, take a different approach now.

1, File I-130 online / consular process, today. The good bit is that she will get a 10:yr green card at the end of the road. You have everything you need to file it.

2. Have her start process to add you to baby’s birth certificate ( maybe get help from local attorney)

3. Download CRBA and start putting together proof you have lived in US 

 

Plan for a few trips to be w your family and reconnect..if it’s meant to be time won’t separate you. 

 

[jan22 3,049]

18 minutes ago, Crazy Cat said:

"She left while I was doing the AOS paperwork".

I read that, but we don't know exactly what "doing" the AOS paperwork means to the OP.  His time line definitely shows it was filed November 1, 2021 with a USCIS receipt date of November 20, 2021.

[Family 3,988]

13 minutes ago, jan22 said:

40 minutes ago, Crazy Cat said:

"She left while I was doing the AOS paperwork".

I read that, but we don't know exactly what "doing" the AOS paperwork means to the OP.  His time line definitely shows it was filed November 1, 2021 with a USCIS receipt date of November 20, 2021

OP, you have two excellent members engaging your issues, please clarify if wife left before receipt date on I-485…cause if that’s the case, it’s NOT worth trying to get her back in on AP before March and..,.a withdrawal letter of the I-485 is warranted now

Edited January 10, 2023 by Family

[David Mpoyi 8]

12 minutes ago, jan22 said:

I read that, but we don't know exactly what "doing" the AOS paperwork means to the OP.  His time line definitely shows it was filed November 1, 2021 with a USCIS receipt date of November 20, 2021.

I phrased that wrong. I had already submitted the AOS paperwork. I was waiting on the response when she left. That is before she got the EAD.

[Crazy Cat 41,811]

13 minutes ago, David Mpoyi said:

I phrased that wrong. I had already submitted the AOS paperwork. I was waiting on the response when she left. That is before she got the EAD.

Regardless, she abandoned the Adjustment of Status. 

[David Mpoyi 8]

Thank you everyone for your suggestions. That is what I am going to do. Withdrawal the I485 and try to submit for spousal visa.

[OldUser 6,608]

1 minute ago, David Mpoyi said:

Thank you everyone for your suggestions. That is what I am going to do. Withdrawal the I485 and try to submit for spousal visa.

Make sure you understand the wait times and the process, plus have your wife on the same page with you before you file anything. Good luck.