Canadian Citizen married to US Citizen pending 485/130

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Nagesh Chinnaswamy, Jun 8, 2018.

  1. Nagesh Chinnaswamy

    Nagesh Chinnaswamy New Member

    Hello I am a US Citizen and my wife is a Canadian Citizen. while she was living in the US of A with me, we applied for a 485 and 130 concurrently. She just left back to Canada for a short time to be with family and we failed to file an advanced parole document. Since she is in Canada right now what happens to the 485 and 130 forms?

    What would happen say if she comes back to the US right now? what should we do? please help! Thank you all for your forthcoming input!
     
  2. newacct

    newacct Well-Known Member

    Her I-485 has been automatically abandoned, because she left while I-485 was pending and she did not have Advance Parole, and she did not have H1b/H4/L1/L2/K3/K4/V status. Her I-130 petition will continue processing. If for some reason they continue processing her I-485 that would be a mistake and they can revoke it later even if it gets approved.

    She can try to enter the US as a visitor, but as always she can be denied entry if they suspect she intends to immigrate on this trip. If she makes it in, she could file a new I-485.

    Or she could stay in Canada and do Consular Processing. She would have to inform USCIS that she wants to update her I-130 from AOS to Consular processing.
     
  3. whitemimauz3

    whitemimauz3 Registered Users (C)

    She should not have left US without before obtaining advance parole since I-485 is filed & pending. USCIS will deny I-485 as abandoned.
     

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