Hi. What will happen if I just leave the U.S while my AOS is pending... I came on K1 visa and got married and filed for AOS, but my husband and I decided to separate for a while and I need to go back to my country... Would there be a problem if we re-apply visa in the near future?
If you leave you abandon the application. Unless you have approved advance parole. Your adjustment interview won't go well if you are separated. If you leave and manage later to salvage your marriage, your husband can file for you with consular processing and it will take 8 months to a year to get you back here. Good luck.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
You will abandon your petition if you leave the US while your AOS is still pending. Wait until you receive Advance Parol to travel outside the US.
The application for adjustment is considered abandoned if you depart without advance parole and you will not be readmitted.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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