My wife left US while AOS pending without AP

[colly90]

Hello everyone,

I am a US citizen, my wife has a tourist visa and she was in USA couple of times already. Last time she came to US in December and in May this year we got married. We have submitted forms I-765, I-130, I-131 and I-485. In the time of submitting of paperwork her tourist visa was still active till June, since she had 6 months stamp (she didn't overstay).

We had to leave US in August 31st for our church ceremony, unfortunately without AP for her. We tried to expedite our travel document form but USCIS denied twice our request saying "we didn't meet the criteria's", sad to say but there was a big portion from our attorney side that request was denied (but that's different story).
In the meantime when we were abroad, USCIS requested that we have to submit initial evidence that she is still in USA since they got notification from an airport that she flew abroad, otherwise I-131 and I-765 will be denied.

We are not sure what to do now. I have contacted already with good immigration lawyer but I am still waiting for meeting with him. Did someone have similar situation? Thank you in advance for your respond.

[newacct]

Hello everyone,

I am a US citizen, my wife has a tourist visa and she was in USA couple of times already. Last time she came to US in December and in May this year we got married. We have submitted forms I-765, I-130, I-131 and I-485. In the time of submitting of paperwork her tourist visa was still active till June, since she had 6 months stamp (she didn't overstay).

We had to leave US in August 31st for our church ceremony, unfortunately without AP for her. We tried to expedite our travel document form but USCIS denied twice our request saying "we didn't meet the criteria's", sad to say but there was a big portion from our attorney side that request was denied (but that's different story).
In the meantime when we were abroad, USCIS requested that we have to submit initial evidence that she is still in USA since they got notification from an airport that she flew abroad, otherwise I-131 and I-765 will be denied.

We are not sure what to do now. I have contacted already with good immigration lawyer but I am still waiting for meeting with him. Did someone have similar situation? Thank you in advance for your respond.

Her AOS is definitely abandoned. She will have to do Consular Processing from abroad.

[colly90]

Her AOS is definitely abandoned. She will have to do Consular Processing from abroad.

I was just wondering how it looks now. If I am not mistaken we will have to wait for I-130 approved, then re-submitting I-485 abroad...
I will check with my lawyer anyway. Thanks for respond

[newacct]

I was just wondering how it looks now. If I am not mistaken we will have to wait for I-130 approved, then re-submitting I-485 abroad...
I will check with my lawyer anyway. Thanks for respond

She does not resubmit I-485. I-485 is for Adjustment of Status, the process of getting permanent residency in the US. The process of getting permanent residency abroad is Consular Processing, which does not involve I-485. Try to contact USCIS and see if they can update the pending I-130 so that they send it to NVC for Consular Processing instead of staying at USCIS for AOS. If it is already approved and you wanted to switch it to Consular Processing, I believe you would have to file I-824 to move it to NVC (and I am not sure whether it would be faster to file another I-130 in that case).

[Randomdude]

That sucks man. Not sure why you decided to leave while her travel card was pending they specifically warn you against that. If I were you I'd try to move my I-130 to consular processing.

[kyle26]

Hello everyone,

I am a US citizen, my wife has a tourist visa and she was in USA couple of times already. Last time she came to US in December and in May this year we got married. We have submitted forms I-765, I-130, I-131 and I-485. In the time of submitting of paperwork her tourist visa was still active till June, since she had 6 months stamp (she didn't overstay).

We had to leave US in August 31st for our church ceremony, unfortunately without AP for her. We tried to expedite our travel document form but USCIS denied twice our request saying "we didn't meet the criteria's", sad to say but there was a big portion from our attorney side that request was denied (but that's different story).
In the meantime when we were abroad, USCIS requested that we have to submit initial evidence that she is still in USA since they got notification from an airport that she flew abroad, otherwise I-131 and I-765 will be denied.

We are not sure what to do now. I have contacted already with good immigration lawyer but I am still waiting for meeting with him. Did someone have similar situation? Thank you in advance for your respond.

Man, She can stay in the US since she have 485 pending.
Btw, you may want to have a IM lawyer , and try to run process at NVC. Try to update I-130 so USCIS can send it to NVC for Consular Processing. Or, hopefuly she can apply for a new VISA and come to the US.

[colly90]

Only thing I can say now is immigration law needs to be updated. If they want to know if marriage was for love or for papers they can process it here, in US, without causing problems for young couples whom the most important thing is to be together. I understand everything, I know there is preciously said you need to apply for AD in case of leaving but..., come one, we live in 21st century and everyone can go wherever situation needs, we are not in jail. Sometimes you just simply cannot apply for AD because something happened and you have to go now, period. There is world all around us and US is not the only option but if we decided to live here, just let us live here.. OK, end of complaining

We all have some immigration issues or applications pending so we know how it is but the best is when born US citizens, without any touch with immigration law cannot believe that you cannot just live here with your spouse after marriage if you are US citizen - having house, job, paying taxes etc., here... but it is what it is. We are going to try something different and after everything is done I will update this topic so everyone knows how it ended if someone will have similar case. Good luck everyone