Thomas Mark
New Member
I am a US citizen. My wife is from the UK. We got married in the US on a K1 fiancée visa in October 2015 and applied for I-485 adjustment f status and travel card I-131 at same time. My wife left the US to see family in the UK after fingerprints but before the I-131 was approved. USCIS found out (don't know how) and sent a letter saying that the I-131 could not be processed. On getting legal advice we were told that leaving the US was considered abandoning the Green Card and the safest course of action was to write to USCIS withdrawing the I-485 & I-131 and start the process of applying for an Immigrant Visa via the London Consulate. We were told that in the meantime she could re-enter the US on a tourist visa (so we could see each other) provided we had the withdrawal letter showing that we were no longer pursuing the original Green Card. This we did about 4 weeks ago. A few days later we received acknowledgement of the withdrawal of the I-131 (but not the Green Card).
A few days ago we received a letter saying that the original Green Card was approved and the very next day the actual Green Card shows up in the mail. I am set to travel to the UK in a few days to return with my wife based on the plan for her to re-enter on a tourist visa. What do I do ? Do I take the Green Card with me and have her use that instead ? USCIS obviously had not processed her Green Card withdrawal (and yet they confirmed the I-131 withdrawal request) but we now have it. Is it valid ? Would we get into potential trouble down the road by using the Green Card ? We were already planning on having to justify the tourist visa entry at the port of entry via questioning but this "mistake" by USCIS in sending us the Green Card could complicate this plan further ?
Feeling very frustrated - and would appreciate informed advice from anyone that knows how this should be handled ? Objective is to see each other (back and forth couple of times on tourist visa) without waiting many months for Immigrant Visa to be approved but stay within the law.
A few days ago we received a letter saying that the original Green Card was approved and the very next day the actual Green Card shows up in the mail. I am set to travel to the UK in a few days to return with my wife based on the plan for her to re-enter on a tourist visa. What do I do ? Do I take the Green Card with me and have her use that instead ? USCIS obviously had not processed her Green Card withdrawal (and yet they confirmed the I-131 withdrawal request) but we now have it. Is it valid ? Would we get into potential trouble down the road by using the Green Card ? We were already planning on having to justify the tourist visa entry at the port of entry via questioning but this "mistake" by USCIS in sending us the Green Card could complicate this plan further ?
Feeling very frustrated - and would appreciate informed advice from anyone that knows how this should be handled ? Objective is to see each other (back and forth couple of times on tourist visa) without waiting many months for Immigrant Visa to be approved but stay within the law.