Please Help! Travelling while adjustment of status

[antoniodurante199 1]

Hello everyone,

My husband (US citizen) and I (Italian citizen) got married in april and started my adjustment of status in May I received my work permit a month after but at the end of August my mom got really sick and she asked me if I could come and see her and spend some time with her. I still didn't received the advanced parole and I tried many times to ask for an expedite for humanitarian reasons but they never got back to me (I tried many times). So I did what I thought it was the best thing to do for me knowing the circumstances. I left without the advanced parole. 

 

My adjustment of status is still ongoing to this day:

I-130 Petition for Alien Relative:  Case Is Being Actively Reviewed By USCIS - Estimated time --> 6 months

I-131 Application for Travel Document - Case Was Received And A Receipt Notice Was Sent  - Estimated time -> 5 months 

I-485 Application to Register Permanent Residence or Adjust Status: Response To USCIS' Request For Evidence Was Received

 

I assume my adjustment would be denied, right? Could I hypothetically speaking return if I receive my advanced parole?

What should we do? wait for this adjustment to finish, be denied and then start again? that would take years...

what should be my best course of actions in this case to be reunited with my husband in the closest time possible? 

 

Thank you all in advanced!

 

This immigration situation is really killing us!

 

[Timona 4,208]

You may be lucky of someone ships that AP to you, if you even get it. Lately, some people applied for AP, never got it/took too long that interview came hence that AP was useless. 

 

Your best bet is to hope to get AP and not interview because with the latter, you're screwed. 

[Crazy Cat 41,985]

If you left the US before the I-131 was approved, your Adjustment of Status I-485 has already been abandoned.  That is one of the major drawbacks of Adjustment of Status.  In addition, you can't legally enter the US as a visitor with the intent to submit another I-485.  Even if you managed to get inside the US, your current I-485 would be denied during an interview.  You can withdraw the current I-485 and start the spousal visa process which will take around 18-24 months.  That I-130 would have to be moved to NVC via an I-824.  That, in itself, could cause a delay.  Did you ask for emergency travel I-131?

 

Edited November 6, 2023 by Crazy Cat

[Crazy Cat 41,985]

3 minutes ago, Timona said:

Your best bet is to hope to get AP and not interview because with the latter, you're screwed. 

Even then, USCIS can catch it somewhere down the line.  

[Crazy Cat 41,985]

31 minutes ago, antoniodurante199 said:

Hello everyone,

My husband (US citizen) and I (Italian citizen) got married in april and started my adjustment of status in May I received my work permit a month after but at the end of August my mom got really sick and she asked me if I could come and see her and spend some time with her. I still didn't received the advanced parole and I tried many times to ask for an expedite for humanitarian reasons but they never got back to me (I tried many times). So I did what I thought it was the best thing to do for me knowing the circumstances. I left without the advanced parole. 

 

My adjustment of status is still ongoing to this day:

I-130 Petition for Alien Relative:  Case Is Being Actively Reviewed By USCIS - Estimated time --> 6 months

I-131 Application for Travel Document - Case Was Received And A Receipt Notice Was Sent  - Estimated time -> 5 months 

I-485 Application to Register Permanent Residence or Adjust Status: Response To USCIS' Request For Evidence Was Received

 

I assume my adjustment would be denied, right? Could I hypothetically speaking return if I receive my advanced parole?

What should we do? wait for this adjustment to finish, be denied and then start again? that would take years...

what should be my best course of actions in this case to be reunited with my husband in the closest time possible? 

 

Thank you all in advanced!

 

This immigration situation is really killing us!

 

Are you 100% sure the I-131 was not approved BEFORE you departed the US?

[antoniodurante199 1]

1 minute ago, Crazy Cat said:

Are you 100% sure the I-131 was not approved BEFORE you departed the US?

I assume it hasn't been approved because on the USCIS website says:

 

Case Was Received And A Receipt Notice Was Sent

 

[Crazy Cat 41,985]

25 minutes ago, antoniodurante199 said:

I assume it hasn't been approved because on the USCIS website says:

I am sad to say that I just don't see any way other than withdrawing the I-485, then seeking a spousal visa.  Others may have more ideas.

Edited November 6, 2023 by Crazy Cat

[Boiler 45,783]

Let us start at the beginning,  on what basis did you enter the US, Some Visa's are dual intent.

 

So you could possibly come and go on that. You said you obtained EAD, have you worked using it.

 

 

[OldUser 7,030]

Sadly, AOS is over...

Edited November 6, 2023 by OldUser

[antoniodurante199 1]

4 minutes ago, Boiler said:

Let us start at the beginning,  on what basis did you enter the US, Some Visa's are dual intent.

 

So you could possibly come and go on that. You said you obtained EAD, have you worked using it.

 

 

I entered on ESTA and later on we decided to get married 

 

I was working for a couple of weeks at a lawyer firm with my EAD

[SalishSea 17,987]

3 minutes ago, antoniodurante199 said:

I entered on ESTA and later on we decided to get married 

 

I was working for a couple of weeks at a lawyer firm with my EAD

Right.   You have abandoned your AOS and ESTA is gone.  Spouse needs to petition you for an IR/CR-1 visa.   I understand that by adjusting from VWP, you may have been hoping to avoid the visa queue, but a  trade-off of avoiding that is that you can’t come and go until you have a GC.

[antoniodurante199 1]

11 minutes ago, SalishSea said:

Right.   You have abandoned your AOS and ESTA is gone.  Spouse needs to petition you for an IR/CR-1 visa.   I understand that by adjusting from VWP, you may have been hoping to avoid the visa queue, but a  trade-off of avoiding that is that you can’t come and go until you have a GC.

🥹 how can we do this? Do we have to until the AOS is denied? Or we can already do it?

 

can we do it from Italy if he comes and live with me here?

 

how long would in general take ? My I-130 would still be approved right? 
 

 

[Boiler 45,783]

26 minutes ago, antoniodurante199 said:

I entered on ESTA and later on we decided to get married 

 

I was working for a couple of weeks at a lawyer firm with my EAD

OK VWP Express as it is affectionately known here.

 

You have the I 130 filed so your spouse needs to redirect it to the Consulate in Italy which I presume is Rome. The I 485 is abandoned.

[antoniodurante199 1]

37 minutes ago, Boiler said:

OK VWP Express as it is affectionately known here.

 

You have the I 130 filed so your spouse needs to redirect it to the Consulate in Italy which I presume is Rome. The I 485 is abandoned.

Is it possible that they won’t notice that I left? Or tha they’ll approve my advanced parole and I can use it to return back?

 

how can we send it to the consulate in Rome and I presume that would take a lot of months if not years right?

Edited November 6, 2023 by antoniodurante199

[OldUser 7,030]

1 hour ago, antoniodurante199 said:

🥹 how can we do this? Do we have to until the AOS is denied? Or we can already do it?

 

No, you don't have to wait until AOS is denied. You can file new I-130 now and once have a receipt, withdraw old petitions including I-485.

 

The reason to file new I-130 is because the form asks whether beneficiary will adjust in the US or go through consular processing overseas. The one filed probably says you will be adjusting in the US.

 

You can try having USCIS to change it to consular processing, but it will probably will take longer than starting from scratch.

Edited November 6, 2023 by OldUser