Can I withdraw I-485 AOS and apply for CR1 using my existing I-130 form?

Asked over 1 year ago - Ithaca, NY

My wife had to suddenly leave the country and return to China without AP in hand. So we need to withdraw the 485 and change it to consular process. Can I somehow change the I-130 I've already filed to do this? If so, how do I do this? Or do I need to withdraw it as well and file a new I-130?

Attorney answers (3)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . Without seeing your submitted paperwork it would be unprofessional to advise you on your subsequent filings. You have to meet with an immigration attorney in person to evaluate your file further.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. Dean P Murray

    Contributor Level 18

    Answered . Consult an immigration lawyer about this matter. You need legal advice, which cannot be given on Avvo. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    (Office located within minutes of the George Washington Bridge)
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Theodore John Murphy

    Pro

    Contributor Level 20

    Answered . I agree with my colleague. It is best to seek advice from an attorney in person.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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