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I withdrawn AOS Application based on spouse sponsorship

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  • I withdrawn AOS Application based on spouse sponsorship

    I hope some immigration attorneys here can answer it better.
    I entered US on B1 visa ( My B1/B2 is valid until 2023 per visa stamp) back in 2018. I got married in the month of July and I applied for AOS. As per I-194 my Date to Exit was 28th of October 2018. Somehow, some complications appeared and my marriage didn't work. I withdrawn my AOS application just a couple of days before my I-194 last date to stay approaches and left US while my divorce petition hadn't been filed by my in-laws, I wanted to avoid Overstay. A couple of months later, USCIS sent an acknowledgement of receiving my withdrawal application. One month after my departure, my in-laws filed divorce petition and also withdrawn i-130 petition for Alien relative.
    Now my question is: Since I withdrawn my AOS application myself before it got rejected and before interview, is my B1/B2 still valid, will I be allowed to re-enter on my existing B1/B2 visa or do I need to apply another one? If I want to follow up my divorce case, would I be granted entry to follow up my divorce case?


    Thanks in advance for reading it.!

  • #2
    Originally posted by amalik View Post
    I hope some immigration attorneys here can answer it better.
    I entered US on B1 visa ( My B1/B2 is valid until 2023 per visa stamp) back in 2018. I got married in the month of July and I applied for AOS. As per I-194 my Date to Exit was 28th of October 2018. Somehow, some complications appeared and my marriage didn't work. I withdrawn my AOS application just a couple of days before my I-194 last date to stay approaches and left US while my divorce petition hadn't been filed by my in-laws, I wanted to avoid Overstay. A couple of months later, USCIS sent an acknowledgement of receiving my withdrawal application. One month after my departure, my in-laws filed divorce petition and also withdrawn i-130 petition for Alien relative.
    Now my question is: Since I withdrawn my AOS application myself before it got rejected and before interview, is my B1/B2 still valid, will I be allowed to re-enter on my existing B1/B2 visa or do I need to apply another one? If I want to follow up my divorce case, would I be granted entry to follow up my divorce case?


    Thanks in advance for reading it.!
    Your visa was not voided because you left before the date on your I-94. Whether or not you withdrew AOS is irrelevant (it would have been abandoned when you left anyway).

    There is a greater chance you will be denied future B2 visas or entries due to immigrant intent.

    This is my personal opinion and is not to be construed as legal advice.

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