I am in US on OPT(F-1 expired) and have applied for i-131 when my AoS application(based on marriage with US citizen) is pending. I may have to leave the country before I get my AP approved means i am abandoning the i-485. My wife have already applied i-130 for me and is in process.
Can i get K-3 visa from home country ? If yes, Is it a lengthy process ? what is the best course of action if i have to leave the country before AP's approval ? (I will be able to complete Bio metrics appointment before i leave but not sure if i will get my AP in hand before leaving the country)
Yes you can. You need to file another petition and withdraw your485 with a full explanation.
Your AP and EAD should be with you within 90 days of your application. Check with your lawyer before you take that step. Don't base your plan on crowdsourcing views from the internet.
I strongly suggest that you wait for the advance parole document before you depart the U.S. If you have a dire emergency, take that evidence to the USCIS by scheduling an INFOPASS appointment and asking for expedited processing based on your emergency.
Yes, your spouse can. It is better to file I824 and process your immigrant visa at the consulate and not deal with K3 all together. It is even better to wait for AP to be approved or at least biomentrics to be done before leaving.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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