What do I do next? - Extreme case

[Danny3101]

Hi,

I was on an OPT VISA after graduating business school in Mississippi. I'm originally from the United Kingdom. While on my OPT visa (July 2017-2018 July) I got married very early on (November 2017) but didn't submit the adjustment of status until a few months after the expiration of my OPT due to traveling.

Significant dates:
"On February 20, 2019, we received your Form I-130, Petition for Alien Relative"
"On March 5, 2019, we received your Form I-130, Petition for Alien Relative"

I then left the United States in April 2019 due to a family emergency before I received permission to travel document. My wife and I have been struggling with solutions on what the best processes are to returning ASAP and starting our lives together. If anyone can please advise what the best route would be considering the unique circumstances of my case.

Thanks,

Daniel

[manhattanite]

I'm assuming your wife is a US citizen and that you're outside the US currently. Sounds like IR1 or CR1 might be the way to go. With an MBA (assumption) I feel like getting an H1B is also a feasible option for you.

[Irishoxford]

Just a couple of questions to preempt others asking them:

1) You're still in the U.K., right?
2) Are your filing dates correct up there (you've got two of the same forms with two different receipt notices)?

J

[Danny3101]

I recently checked the Form I-130 which is outlined below and yes I'm in the UK now.

On December 3, 2019, we approved your Form I-130, Petition for Alien Relative, Receipt Number. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by December 18, 2019, please go to www.uscis.gov/e-request. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[newacct]

Since you left the US while I-485 was pending, without Advance Parole, and you didn't have H1b/H4/L1/L2/K3/K4/V status, you automatically abandoned your Adjustment of Status (I-485). You will have to switch to Consular Processing abroad for an immigrant visa. Your I-130 petition continued to be adjudicated (the I-130 doesn't care where you are) and was approved, but it's sitting in USCIS because they expected you to do Adjustment of Status. You have to file I-824 to ask USCIS to send the approved petition to NVC for Consular Processing.