IR1 after previous K1 AOS abandonment - Seeking advice/words of encouragement

[pipgirl555 0]

Hello!

 

My husband and I have been married for the past 5 years. I am a USC. We got married on a K1 in the US, and unfortunately as we were applying for AOS covid hit and we decided to move to his home country for personal reasons in a panic. We have been living together in another country for the past 4 years. My mother recently passed away (she was the last family I have left) and I have decided to move back to the US and apply for a IR1 for my husband. What are our chances? He was previously issued a SSN, etc. and we had an interview date for the green card but we declined to go due to rampant covid and because we decided to leave the US. We have all the required documents, and are getting help from an immigration lawyer but I've been anxious about the whole thing. I am already back in the US and we plan on filing in a few months. 

 

We plan on explaining our situation and why we left, why we wish to return, etc. to USCIS. I just worry that it won't be enough, though I'm sure there's crazier immigration cases than ours. We plan on visiting each other while we wait as I know it can take 2 years for an IR1. I can't stop worrying and panicking about this situation, we made a terrible mistake and I am wondering if there is any possibility of understanding and if there's even a chance of him getting the GC now. 

 

Thanks

[Boiler 45,938]

Why are you waiting?

 

Why did you not file as soon as you decided to come back?

 

How long was he in the US on his K1?

[pipgirl555 0]

We both flew to the US together (him on an ESTA) as my mom had just passed a month ago, so we are waiting because he is here right now and he needs to return back home before applying. He is leaving in a few weeks to go back home! We have important documents back in his home country. He was in the US for just under a year? We got married within the K1 timeframe, and then applied for AOS, so there was no overstay. 

[appleblossom 2,946]

2 minutes ago, pipgirl555 said:

so we are waiting because he is here right now and he needs to return back home before applying. 

 

No he doesn't! Get that application in asap. 

 

I think you're worrying unnecessarily personally, best of luck. 

[pushbrk 13,059]

If he can use ESTA now, nothing about the previous process is going to count against him.  You can file while he's in the country, unless the documents he needs are for the petition.  In that case, you'll have to wait until you have them, or somebody can retrieve them and send them to you.  Whether you wait is a choice, not a have to.

[S2N 4]

7 hours ago, pushbrk said:

If he can use ESTA now, nothing about the previous process is going to count against him.  You can file while he's in the country, unless the documents he needs are for the petition.  In that case, you'll have to wait until you have them, or somebody can retrieve them and send them to you.  Whether you wait is a choice, not a have to.

They should be able to file for either AOS or IR-1 if they want, correct? There was not an intent to adjust when they entered so if they decide it’s the right option that’s an available option; as is the husband returning to a different country and waiting out IR-1. That’s my understanding at least.

[pushbrk 13,059]

18 hours ago, S2N said:

They should be able to file for either AOS or IR-1 if they want, correct? There was not an intent to adjust when they entered so if they decide it’s the right option that’s an available option; as is the husband returning to a different country and waiting out IR-1. That’s my understanding at least.

Yes, that is correct, and if the documents are needed for filing, she can be the one to leave him behind and go get them.