AOS, married to (but not living together) a USC. Not currently in the US and very confused.

E

emmi8709

New Member
Hi,

Im very confused about the whole situation I find myself in. I hadnt even realised the extent of the situation until my mum annouced she had booked a trip for us all to Florida next year, and that's when the thoughts began to occur.

The situation.

2006 I entered on an F1 student visa, it was valid until May 2010 when i was meant to finish my degree. Due to being an international student and the fees being much higher, I was hit hard by the start of the economic problems. I had to drop classes mid sept and withdrew from college. I left for a week in Dec, and returned on a Visa Waiver in order to sell the car I had brought and relet the apt I had leased. I then planned to spend christmas with friends and then return home. Things did not go according to plan and my boyfriend proposed. In January of 2007 we married. We filled I-485 I think it was for the AOS, but there seemed to be numerous problems with the office I sent them to. Every time I called they seemed to be unable to answer any questions or gave me answers like problems with the systems, and you files been transfered and the person you need to talk to is not available. In November of 2007 our daughter was born. And we then continued the wait for information. During this time I never worked, was not arrested, or anything like that. I simply played the good housewife while patiently waiting for any kind of news. In January 2010, the economy really took a dive and our relationship became strained and so we decieded that I would return home here to England with our daughter and would attend University (cheaper to attend) here while he tried to find a better job and better opportunites for us over there. Its now May 2011. We have not seen him since March 2010 when we left (without any paperwork from immigration - they said they were unable to provide anything at that time but information would be noted on border control systems. Whatever that meant.) While we are trying to work things out, (things are better now than they were a year ago) I am concerned about the situation and the family trip we have planned to go to Florida next March. Can anyone advise on the situation and what I may need to do, or what restrictions may be in place for me with regards entering the US.

I have tried to do it all by the book, but it seems something went wrong along the way and I am worried that us leaving last year has caused more problems than anything else. I did everything I was told and was told it could take years to complete dispite it taking only 3-4 months for some, so assumed maybe I was just one of the unlucky ones.

Any advice would be appreciated.
 
1.) Did you obtain advance parole (AP) (on form I-512) before departing?

2.) If yes is it still valid?

If you did not obtain AP or overstayed the validity, then your I-485 is considered abandoned and is denied (even if you do not have it in writing).

If that is your situation AND you still wish to immigrate, the I-130 is probably still valid and your spouse may file form I-824 to transfer the I-130 process from the USCIS I-485 processing to a Consular Processing at your nearest Embassy/Consulate. If that is chosen then you would MOST LIKELY be barred from entering as a B non-immigrant or on the Visa Waiver.

You may need to put off your vacation or put off the immigration (green card plans). You probably need professional legal advice.
 
Thanks for your reply.

At this time I am not wanting to continue the immigration process. While things are better they are not to the point were I wish to move back to the US on a permanent basis and I am still looking to the possibility of divorse in the near future. When I said things are better than a year ago I mean that the occurance of visits to see one another, for our daughter our going to increase. (sorry should have made this clearer)

I do not have that form you mention. I applied for the ESTA last night to see the result of that, and was denined. Do you think my chances for a travel visa are likely to be the same? Do you think I am barred from entering at all, and do you think this is a temporary thing or permanant?
 
emmi8709 said:
Thanks for your reply.

At this time I am not wanting to continue the immigration process. While things are better they are not to the point were I wish to move back to the US on a permanent basis and I am still looking to the possibility of divorse in the near future. When I said things are better than a year ago I mean that the occurance of visits to see one another, for our daughter our going to increase. (sorry should have made this clearer)

I do not have that form you mention. I applied for the ESTA last night to see the result of that, and was denined. Do you think my chances for a travel visa are likely to be the same? Do you think I am barred from entering at all, and do you think this is a temporary thing or permanant?
Click to expand...

Applying for an actual visa so that you can explain the situation is probably the only way at this point. The computer has the info about the I-130 blocking you as a mere "tourist" at this point. You need a face-to-face in order to explain. The easiest thing is to have your husband "withdraw" the I-130 (and you could include your written agreement with that AND your written withdrawal for any pending I-485). Any "withdrawal" requests go to USCIS.

Good luck,
 
emmi8709 said:
2006 I entered on an F1 student visa, it was valid until May 2010 when i was meant to finish my degree. Due to being an international student and the fees being much higher, I was hit hard by the start of the economic problems. I had to drop classes mid sept and withdrew from college. I left for a week in Dec, ...
Click to expand...
Was that December 2006 when you left?
and returned on a Visa Waiver in order to sell the car I had brought and relet the apt I had leased. I then planned to spend christmas with friends and then return home. Things did not go according to plan and my boyfriend proposed. In January of 2007 we married. We filled I-485 I think it was for the AOS, but there seemed to be numerous problems with the office I sent them to.
Click to expand...

When did you file the I-485? Did your spouse file I-130 before or together with the I-485? Did you ever get an I-485 receipt notice or attend a fingerprinting appointment after filing the I-485?
 
Yes, 2006 for a week. We filed all the required forms in January 2007. I seem to recall I only ever got the Post office reciept saying that the envelope had been delivered. I never did attend any appointments, and whenever I called about it I always got some excuse about why I hadnt had it yet. 'Still processing', 'backlog', 'will be arranged soon'. Nothing that gave me any hope that it would have been sorted quickly.
 
Withdraw the I-130 and I-485 before you attempt to travel to the US again. Send a copy of the I-130 and I-485 receipts with the withdrawal letter. Your wife should sign the I-130 withdrawal letter, you sign the I-485 withdrawal letter.
 
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