Please Help! Travelling while adjustment of status

[OldUser 6,633]

1 hour ago, antoniodurante199 said:

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

He's the one filing, can be done online today.

 

Another thing to consider, if he doesn't have any EU citizenship or permanent residence, the max he can stay in EU is 90 days. Living is not an option.

[Boiler 45,467]

The I 130 filed is fine, the I 485 is dead.

[Boiler 45,467]

38 minutes ago, antoniodurante199 said:

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?

They have Computers and how will you return? Too late for AP.

 

I 824 seems to be taking a year,

[Sinead91 249]

Hi Antonio,

 

a friend of mine from Germany was in a similar situation. They ended up having to file the CR1.  It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. 

 

The advice given so far is sound.  It's an unfortunate situation but happens!

[antoniodurante199 1]

3 minutes ago, Sinead91 said:

Hi Antonio,

 

a friend of mine from Germany was in a similar situation. They ended up having to file the CR1.  It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. 

 

The advice given so far is sound.  It's an unfortunate situation but happens!

Could you ask her if she waited untill the ongoing AOS was denied or if she did it while that one was going?

 

also how long would it take for the CR1?

 

thank you

[JKLSemicolon 411]

We went through this back in 2020-2021 (beneficiary left the country before receiving Advanced Parole and started over with the I-130). See my profile/timeline for more details.

 

I, as the USC, went ahead and sent a letter to the service center listed on the receipt notice for the I-485 notifying them that we were planning to pursue a spousal visa instead. While that wasn’t strictly necessary, they did mail a prompt response addressed to my wife confirming the abandonment of the petition to adjust status and citing the relevant statute.

 

Edit: after seeing your recent reply, while the I-485 is already on track to be denied due to the departure from the US, it doesn’t hurt to notify USCIS about the abandoned petition. My view is that it helps avoid any wasted time that could be spent reviewing other petitions.

Edited November 6, 2023 by JKLSemicolon

[Crazy Cat 41,836]

22 minutes ago, antoniodurante199 said:

Could you ask her if she waited untill the ongoing AOS was denied or if she did it while that one was going?

The I-485 is already dead on arrival.  Now, you wait until the I-130 is approved, and you submit an I-824 to move it from USCIS to NVC for consular processing.  I would withdraw the I-485, too....now. 

Edited November 6, 2023 by Crazy Cat

[Crazy Cat 41,836]

ESTA is likely gone.  Therefore, you have no way to get back inside the US for an interview during which, the I-485 would be denied anyway.   

[Crazy Cat 41,836]

9 minutes ago, JKLSemicolon said:

We went through this back in 2020-2021 (beneficiary left the country before receiving Advanced Parole and started over with the I-130). See my profile/timeline for more details.

 

I, as the USC, went ahead and sent a letter to the service center listed on the receipt notice for the I-485 notifying them that we were planning to pursue a spousal visa instead. While that wasn’t strictly necessary, they did mail a prompt response addressed to my wife confirming the abandonment of the petition to adjust status and citing the relevant statute.

 

Edit: after seeing your recent reply, while the I-485 is already on track to be denied due to the departure from the US, it doesn’t hurt to notify USCIS about the abandoned petition. My view is that it helps avoid any wasted time that could be spent reviewing other petitions.

Had you previously sent an I-130, or was the I-485 submitted after a K-1 entry? 

[JKLSemicolon 411]

Just now, Crazy Cat said:

Had you previously sent an I-130, or was the I-485 submitted after a K-1 entry? 

No, in our case it was after a K-1 entry so we ended up having to submit a new I-130 which is slightly different than @antoniodurante199’s situation.

[Crazy Cat 41,836]

3 minutes ago, JKLSemicolon said:

No, in our case it was after a K-1 entry so we ended up having to submit a new I-130 which is slightly different than @antoniodurante199’s situation.

Thanks for the reply.  You're right.  The OP's I-130 will be stuck at USCIS until an I-824 moves it to NVC.

[Sinead91 249]

20 minutes ago, antoniodurante199 said:

Could you ask her if she waited untill the ongoing AOS was denied or if she did it while that one was going?

 

also how long would it take for the CR1?

 

thank you

CR1 took just over 12 months. They also reached out to their congressman who may have helped expedite as her husband was Active Duty and they made a case based on that.

 

 

She travelled without even receiving her EAD, she was totally misinformed and thought her receipt notice was enough (!!!!). To this day, I don't know why she didn't just ask me, but alas!

[Pinkrlion 2,716]

Hopefully you will not have a ban. 

[SalishSea 17,818]

6 minutes ago, Pinkrlion said:

Hopefully you will not have a ban. 

Good point.   OP, did you overstay the ESTA before filing?

[Sinead91 249]

51 minutes ago, antoniodurante199 said:

Could you ask her if she waited untill the ongoing AOS was denied or if she did it while that one was going?

 

also how long would it take for the CR1?

 

thank you

Also, apologies I didn't address this right away. 

 

Once they understood the error, they submitted a request for withdrawal of the AOS, to keep everything compliant. I don't know what acknowledgement they received or when they received any (if they did). Either way, the AOS will be abandoned when you are a no show for an eventual interview.