If I returned home now, abandoning the AOS process, could I later file for the CR1 visa?

[Krishetngjbc 2]

I’m 9 months out of status, my family back home have recently had bad news regarding their health so I am very tempted to simply hop on a plane to be with them now however I haven’t even submitted any of the AOS documentation yet. I know if I leave the USA then I’ll be denied reentry however would I still be eligible to file for perhaps the CR1 visa later on after a few months of me being in my homeland? Because I know the reentry permit I-131 would take about 180 days to receive and I haven’t even filed that nor any other forms yet plus I don’t want to delay seeing my family. Any advice?

[Crazy Cat 42,563]

If you have actually been out of status for more than 6 months you will incur a 3-year ban upon leaving the US right now....assuming you do not have an approved advance parole document.   If you leave after being out of status for a year, the ban jumps to 10 years.

 

 

If you leave now, then file for a spousal visa, your interview would be in a couple years +- a few months.  At the interview, the CO could tell you a waiver is available...adding another year to the process. 

 

You could file a proper I-485 and I-131 now.  You could have an approved Advance Parole documents within 6 months.

Edited Monday at 12:10 AM by Crazy Cat

[Krishetngjbc 2]

12 minutes ago, Crazy Cat said:

If you have actually been out of status for more than 6 months you will incur a 3-year ban upon leaving the US right now....assuming you do not have an approved advance parole document.  

 

If you leave now, then file for a spousal visa, your interview would be in a couple years +- a few months.  At the interview, the CO could tell you a waiver is available...adding another year to the process. 

 

You could file a proper I-485 and I-131 now.  You could have an approved Advance Parole documents withing 6 months.

Thank you for the insight, I will file the 485 and 131 asap

[Lemonslice 4,989]

24 minutes ago, Crazy Cat said:

If you have actually been out of status for more than 6 months you will incur a 3-year ban upon leaving the US right now....assuming you do not have an approved advance parole document.   If you leave after being out of status for a year, the ban jumps to 10 years.

 

 

If you leave now, then file for a spousal visa, your interview would be in a couple years +- a few months.  At the interview, the CO could tell you a waiver is available...adding another year to the process. 

 

You could file a proper I-485 and I-131 now.  You could have an approved Advance Parole documents within 6 months.

I think it is even possible to request an urgent Advance parole document to travel, with documents to support the emergency need... 

[Crazy Cat 42,563]

1 minute ago, Lemonslice said:

I think it is even possible to request an urgent Advance parole document to travel, with documents to support the emergency need... 

Yes, you're right.  Emergency I-131 travel is worth a shot.  Thanks for reminding me. 

Edited Monday at 12:24 AM by Crazy Cat

[Krishetngjbc 2]

59 minutes ago, Crazy Cat said:

Yes, you're right.  Emergency I-131 travel is worth a shot.  Thanks for reminding me. 

That’s ideal, I’m going to look into this, I wonder how to go about this and how much extra it costs 

[Demise 1,354]

4 hours ago, Krishetngjbc said:

That’s ideal, I’m going to look into this, I wonder how to go about this and how much extra it costs 

https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel

 

 

So basically, file for AOS and as soon as you get the receipt notice for I-485, schedule an appointment, bring a new filled out I-131 and the fee for it, and whatever stuff you have to justify the need for emergency travel.

 

How much extra it'd cost? $630, the I-131 filing fee. You can probably just file I-485/I-765 at first and file I-131 solely with the field office in course of seeking the emergency AP.