My husband came to the US on the Visa Waiver Program and we decided to stay. We filed the I-130 (Petition for Alien Relative), I-485 (Adjust Status), I-131 (Advance Parole) and I-765 (Employment Authorization) concurrently last November, 2016. We have been waiting for the Advance Parole to come through, but it is taking a lot longer than we thought. We think it may be due to the fact that USCIS asked for additional documents, and so it is taking much longer. Now my husband has a job offer in his home country, France, for a few months, and if he turns it down he will be losing a good deal of his income for 2017. Since we don't think he will receive his Advance Parole or his Employment Permission for at least a few more months, he has more or less decided to abandon the case, and then I will reapply for the I-130 while he is outside the country. But I am wondering: Just because he is abandoning his application to "Adjust Status", this does not necessarily mean that he will be abandoning the I-130, right? Because regardless of whether he is in the country or not, I would still have to file the I-130. Is it a possibility to maintain the I-130 even though the I-485 is abandoned?
If your spouse departs the U.S. while the adjustment of status request is pending with USCIS, then the FORM I-485 is deemed abandoned. You can contact the USCIS and request that the FORM I-130 be processed and transferred to the NVC if you wish to complete the process with the U.S. consulate.
I agree with prior answers, and would add:
I would be concerned with triggering a 3/10 year bar of inadmissibility. If he overstayed his visa, leaving the United States could make him ineligible for a visa without a waiver.
You guys have been doing this on your own now for 6 months, why don't you have a conversation with an immigration attorney before you seriously damage your husbands future in the United States.
Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.
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