Abandoned AOS and now regret it

[Mariammaria 0]

Please be nice, I know I made a mistake and I am already destroyed. 
But got my K1 approved and this was my timeline:
June 25, 2024 arrived in the US
July 2024 got married 
August 2024 applied for AOS
February 25, 2025 left the US (abandoned my AOS). Went back to my home country. 
 

My K1 says available until September 2024. Does that mean I did NOT overstay to ‘qualify’ for a 3 year ban (less than 180 days) and I would be able to apply for a CR1 from my home country? 
Or will I actually get a 3 year ban for this? 

[Crazy Cat 42,681]

You were out of status after 90 days inside the US via a K-1.  That would have been roughly September 25.  Leaving on February 25 would be about 5 months in unlawful presence.  That would be worst case.  Seems to me that you were out of status less than 180 days.  I see no ban for that.   US spouse can start the spousal visa process by submitting an I-130.

Edited 14 hours ago by Crazy Cat

[Mariammaria 0]

Thank you so much for the answer. 

45 minutes ago, Crazy Cat said:

You were out of status after 90 days inside the US after entering via a K-1.  That would have been roughly September 25.  Leaving on February 25 would be about 5 months in unlawful presence.  Seems to me that you were out of status less than 180 days.  I see no ban for that.   US spouse can start the spousal visa process by submitting an I-130.

Thank you so much for your reply. 

[Boiler 46,354]

It would be an IR1, I take it the I 130 has yet to be filed?

[Mariammaria 0]

A few other Qs:

- any pros/cons to reach out to USCIS to inform them about me abandoning the application? 

- will I have a low chance of visiting the US on a ESTA due to the abandonement? 

[Mariammaria 0]

3 minutes ago, Boiler said:

It would be an IR1, I take it the I 130 has yet to be filed?

Yes, I haven't applied for anything since being back. 

We got married in 2024, IR1 is for marriages that are +2 years right? 

[Boiler 46,354]

No con, they may not officilally know but it will come out.

 

That will be tricky, you could apply pretty cheap to do so but then you still have the PoE to get through.

1 minute ago, Mariammaria said:

 

We got married in 2024, IR1 is for marriages that are +2 years right? 

Yes

[Mariammaria 0]

4 minutes ago, Boiler said:

No con, they may not officilally know but it will come out.

 

Okay might just reach out. 

Do you know if there is a difference regarding if I got denied or that I abandoned the AOS?

 

4 minutes ago, Boiler said:

That will be tricky, you could apply pretty cheap to do so but then you still have the PoE to get through.

Yes

 

I still have my ESTA available until July 2025

[Boiler 46,354]

I would imagine the Consulate will ask what happened.

 

ESTA

Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?

[Crazy Cat 42,681]

11 minutes ago, Mariammaria said:

Okay might just reach out. 

The I-130 will ask about any previous petitions filed.  

Edited 14 hours ago by Crazy Cat

[NorthByNorthwest 381]

1 hour ago, Crazy Cat said:

You were out of status after 90 days inside the US via a K-1.  That would have been roughly September 25.  Leaving on February 25 would be about 5 months in unlawful presence.  Seems to me that you were out of status less than 180 days.  I see no ban for that.   US spouse can start the spousal visa process by submitting an I-130.

 

Is this really the case? I was always under the impression that as long as AOS is filed while the K-1 I-94 is active the beneficiary transitions to authorized stay where unlawful presence does _not_ accrue for as long as the application is active?

[Crazy Cat 42,681]

1 minute ago, NorthByNorthwest said:

 

Is this really the case? I was always under the impression that as long as AOS is filed while the K-1 I-94 is active the beneficiary transitions to authorized stay where unlawful presence does _not_ accrue for as long as the application is active?

But the Adjustment of Status was abandoned....I assume unlawful presence started after the I-94 expired.  If I am wrong, the OP has even less than 5 months overstay. 

Edited 14 hours ago by Crazy Cat

[NorthByNorthwest 381]

1 minute ago, Crazy Cat said:

But the Adjustment was abandoned....

 

True, but abandoned at the same time as leaving the country, is there a regulation somewhere noting that unlawful presence can accrue retroactively in this case? Looking around a bit I see some folks thinking that may be the case, but I'm not finding any real reference?

[Mariammaria 0]

17 minutes ago, Crazy Cat said:

The I-130 will ask about any previous petitions filed.  

I'm just thinking it might look good that I reached out lol..

[Crazy Cat 42,681]

7 minutes ago, NorthByNorthwest said:

 

True, but abandoned at the same time as leaving the country, is there a regulation somewhere noting that unlawful presence can accrue retroactively in this case? Looking around a bit I see some folks thinking that may be the case, but I'm not finding any real reference?

I am finding that unlawful presence starts upon denial of an I-485.  You are correct that the same could apply when the I-485 was considered abandoned.  In the OP's case, there be no ban regardless.