Married Fiance on K1 Visa, married, submitted I 485, travelled outside country

[CharlieUser]

Hey guys,

I'm in a bit of a predicament here and I'm not sure what to do next.

My fiance came over here on a K1 Visa, we got married, filed form 485 and supporting documents, (long story short) wife left country now wants to come back.

From what I read her 485 is now going to be denied, what are the next steps that I have to take to get her back in the country with me so I can resubmit her 485 packet?

Will the previous 485 and supporting documents be mailed back to me? I've searched for the last 2 hours and can't find a solution to my situation :/

[inadmissible]

Did apply for Advance Parole?

Typically, aliens submit an adjustment package that also includes applications for advance parole and employment authorization

[CharlieUser]

Advance parole was not applied for, work authorization was.

Her K1 visa has expired at this point and now she is stuck in another country and I don't know how to get her back.

Do I need to have her apply for a K3 visa in her country, do I need to applied for a marriage visa. I'm close to calling an immigration lawyer at this point as I have spent hours and hours trying to find out what to do next and can't come up with a thing.

[inadmissible]

Her K-1 visa was cancelled at the port-of-entry upon admission when she first arrived. She never would have had the privilege of using it for multiple entries even if it were not expired.

Her adjustment application was deemed abandoned when she left the country, absent approval of advance parole. I urge you to double check your records to be sure you did not file an application for a travel document (I-131) when you filed the adjustment package. It would have cost nothing extra so most aliens would have applied for it.

USCIS is not processing K-3 visas. They don't say that on their website which is kinda cruel. Instead they will just give her an immigrant visa based on the underlying alien relative petition (form I-130) instead, without refunding the fee paid for the fiancee petition (I-129F).

If you were starting from scratch right now (married, spouse abroad) your next step would be to file an alien relative petition (I-130) with supporting documents, and begin the process in which your spouse would seek a visa from the consulate abroad. Because you have already filed this petition, and it is either already approved or almost approved, it is possible to instruct your regional Service Center to transfer your file to initiate consular processing (I-824). Unfortunately, you may find that the adjudication time for I-824 is longer than that of a I-130. You should review the wait time differential yourself https://egov.uscis.gov/cris/processTimesDisplay.do (choose your regional Service Center) and make an informed decision whether to file a I-824 based on an approved I-130, or whether to file a de novo I-130

In the mean time, she may or may not be able to travel of VVP/B-2 to visit you depending on her country's historical rates (real & perceived) of visa non-compliance

[CharlieUser]

Thank you for that extremely informative information. I filed all of her paperwork and I did not file I-131 as I was under the impression you needed a valid reason for it to be approved, I believe I was wrong....

Earlier today, before I read your update, I called USCIS. They instructed me to write a letter to the USCIS office that is processing her 485 packet, explaining that my Wife left the country while her 485 was processing then ask then to transfer over the currently processing 485 packet to the American Embassy in France(her mother country). I also scheduled an appointment for the 23rd to speak with an Immigration Officer. Does any of this above sound right to you at this point?

You mentioned forms that no one has talked to me about before, I'm currently researching what you stated in your post.

Thanks again.

[inadmissible]

The letter described is a substitute for a form I-824, without the filing fee but also without the assurance it will be processed, and without the assurance it will be processed by a particular timeline

Another option available is for you to refile adjustment paperwork (THIS TIME WITH App. for ADVANCE PAROLE) during her next temporary visit

[CharlieUser]

Her K-1 visa was cancelled at the port-of-entry upon admission when she first arrived. She never would have had the privilege of using it for multiple entries even if it were not expired.

Her adjustment application was deemed abandoned when she left the country, absent approval of advance parole. I urge you to double check your records to be sure you did not file an application for a travel document (I-131) when you filed the adjustment package. It would have cost nothing extra so most aliens would have applied for it.

USCIS is not processing K-3 visas. They don't say that on their website which is kinda cruel. Instead they will just give her an immigrant visa based on the underlying alien relative petition (form I-130) instead, without refunding the fee paid for the fiancee petition (I-129F).

If you were starting from scratch right now (married, spouse abroad) your next step would be to file an alien relative petition (I-130) with supporting documents, and begin the process in which your spouse would seek a visa from the consulate abroad. Because you have already filed this petition, and it is either already approved or almost approved, it is possible to instruct your regional Service Center to transfer your file to initiate consular processing (I-824). Unfortunately, you may find that the adjudication time for I-824 is longer than that of a I-130. You should review the wait time differential yourself https://egov.uscis.gov/cris/processTimesDisplay.do (choose your regional Service Center) and make an informed decision whether to file a I-824 based on an approved I-130, or whether to file a de novo I-130

In the mean time, she may or may not be able to travel of VVP/B-2 to visit you depending on her country's historical rates (real & perceived) of visa non-compliance

Unfortunately but not unexpected I received news that her 485 was denied due to abandonment. I was also told that her I-130 was approved.

Because that I-130 was approved would I still have to apply for the 130 again to get her back here to America, then resubmit all the paperwork again?

[scientist2016]

Nope. The I130 has been approved. So now you can do two things: Get her to the US and file I485 afresh. This might be tricky, since she risks being denied entry at POE, if she attempts to enter using a non immigrant visa like B1 or using the visa waiver. Option 2 is to file for an immigrant visa based on the approved I130 i.e., do consular processing in France, instead of AOS.

[newacct]

Wait a minute. Why would there be an I-130 approved? Why would you even have filed an I-130? Someone who entered on K-1 and who married within 90 days would file I-485 based on the I-129F fiance petition, and no I-130 is involved. So why would there have already been an I-130? When did you file an I-130?

[scientist2016]

I had the same question. However, CharlieUser mentioned in his latest post that her I130 was approved, so I was going according to it.

[CharlieUser]

Wait a minute. Why would there be an I-130 approved? Why would you even have filed an I-130? Someone who entered on K-1 and who married within 90 days would file I-485 based on the I-129F fiance petition, and no I-130 is involved. So why would there have already been an I-130? When did you file an I-130?

Honestly I did not keep a good record of all the paperwork I filled out, I thought this was going to be a 123 process :/ .... now it's an issue and I'm honestly not prepared .... There's a good chance I filled out more paperwork than necessary.

[SGI]

correct regarding advance parole

Thank you for that extremely informative information. I filed all of her paperwork and I did not file I-131 as I was under the impression you needed a valid reason for it to be approved, I believe I was wrong....

Earlier today, before I read your update, I called USCIS. They instructed me to write a letter to the USCIS office that is processing her 485 packet, explaining that my Wife left the country while her 485 was processing then ask then to transfer over the currently processing 485 packet to the American Embassy in France(her mother country). I also scheduled an appointment for the 23rd to speak with an Immigration Officer. Does any of this above sound right to you at this point?

You mentioned forms that no one has talked to me about before, I'm currently researching what you stated in your post.

Thanks again.

The advance parole as you said is for mitigating circumstances , but that is to get it early. From what I understand now, if you would have filed the advance parole it probably would have came through with the new multi card, work auth and advance parole on it. I find it odd myself included this is not more clear. I needed mine for work so I applied for it and only just found out it comes in one card and can be used for up to two years multiple times ....... Sorry for your dilemma!!!