What if?

R

riseabove

New Member
I am married to a USC and need to return home which i know would abandon my AOS. I did not file i-131 as it wasn't necessary at the time (how foolish). We filed i-130 and i-485 concurrently and have receipt numbers.

If i was to return home to the uk Im guessing that the petition filed by my wife is still valid but i would need to apply to the US consul in London for a visa to re-enter? how would i notify uscis of this and ask them to forward my details to the relevant consul (london).

Also because i have already filed all my medical and my wife's financial info will this shorten the process in any way? Like when i reapply to adjust status the second time? When i land back here im assuming my passport will then be stamped at entry (giving permission to travel) and i will have work authorisation also from the day i land?

I would appreciate any help on this.

(note to anyone deciding on how best to do this process - make sure you have sufficient funds if your planning on waiting it out here in the US and my advice is to apply for one of the k visa's)
 
Is not that simple as you think and there is no such thing of "transfer" documents.

USCIS is in charge of the processing within the US but is between the Department of State when is overseas and those are two different people.

1. Check if you did not overstay. If you overstay you can be subject to re-entry bars does not matter if your spouse is a US citizen.
2. if you abandon your AOS since you did not apply for a travel document, it's done. There is no "reopening". You will have to apply for a new one.

And here it comes something interesting...I don't know how your status is if you abandon your AOS and leave without permission, please read the travel document advisory.

3. if you decide to apply outside the US then is through the US consulate and you have to go through their process called "Consular processing"...your wife received a packet that you file, and you have to do the medical again within UK. But I am not sure how is this part if you are in part 2.

AOS is only within the US and if you are inside the US.
 
Why dont you file for I-131 online NOW? If you file now and have to leave I think your status is maintained because you'll have the I-131 to reenter. I know of someone who did this. He had to leave before his I-131 was approved.

Also contact your local District Office, they can issue emergency I-131. Not sure of the exact procedure. At least you should try before just giving up your application and leaving.
 
2pac3 is right. Just apply for Advanced Parole or I-131. I assume you are British and therefore entered the US using visa waiver. As long as you have not violated the conditions on that then I-131 should be good for you to leave the country without abandoning your AOS paperwork. Your processing wont skip a beat. Again, this will only true if you have not overextended your visa waiver and you have a I-131 before you leave the US. Hope this helps.
 
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