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

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

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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2 lawyers agree

Posted

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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

Consult an immigration lawyer about this matter. You need legal advice, which cannot be given on Avvo. Good luck to you.
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Dean P. Murray
The Murray Law Firm
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(Office located within minutes of the George Washington Bridge)
T: (201)875-2600
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Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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