Hang on my heads starting to hurt..OK this is what happens, my wife and I filed my I-130 and the G-325A (biographic) with Nebraska in febuary 2002 when living in the U.S but were told that it would take until June 2003 so we went back to England to live untill then...
Thats OK right...so in June we get the approved I-130 and the approved G325A sent to old address in the U.S (our mother in-laws, she sends it to us over here) then we just get on a plane and head back over to the U.S to finally start our life in the U.S.A!!!! 'Right'??? Or is there something we need to do after we get the appovals back???
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<font size=-1>[ This Message was edited by midgeure on 2003-05-08 1534 ]</font>
I was under the impression that if you left the United States at any time after filing, unless you had prior approval, they bin your file and you'd need to start all over again from whichever country you are now in.
Did you get permission to leave while it was processed? If not, then you probably need to start again through the London Embassy.
Midge,
I don't know what the right answer is in your case so I won't comment on your options.
The issue I see is that when you come into the US next time, you presumably are planning to do that on a visa waiver. One of the rules of the visa waiver is that you cannot have immigrant intent. If your intention is to adjust status to PR, then that is incompatible with the visa waiver.
When your wife filed the I-130 last year, did you also file for AOS (I-485). If you did, then your AOS application would have been abandoned when you left the country without Advance Parole, as Pilgrim stated, and the correct course of action would be to start over in London.
If your wife is a bona fide resident of the UK, the whole petition/visa process will take about 3 months and you will receive your green card on entry to the US. The only money that you would be "wasting" would be the I-130 filing fee ($110 when I did it). If you were to file in London now, your petition would be approved in about 4 - 6 weeks, in line with your estimate for your original petition.
I'm sure there are plenty of other people who would advise you to wing it, but you should only do this in full knowledge of the consequences should the BCIS decide to play hardball. You will have to list on your AOS application your times outside the US, and it will be very clear to them that you were outside during the petition processing and that you re-entered with an undeniable immigrant intent.
I dont know what the right awsner is either??? I called them the other day and they said they had lost my file and that my applications could have already gone throguh ages ago, even while I was still in America. So they said that they are going to look into it and was told to call back in 3 weeks time.
So thats what I'm going to do and just see what happens. I also sent in all my medical tests and results is that the I-485 right?
<font size=-1>[ This Message was edited by Midgeure on 2003-05-09 1214 ]</font>