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  • Withdrawing I-485 form

    Hello people, I don't know if someone can answer my question

    I came to US with European passport (ESTA), so I got married with US citizen and we apply to AOS. But, I can't take this process anymore,
    my patiente is completly over, and now we're thinking to move to Europe. My question is:

    - If I withdraw the process, I'll be banned to visit US in the future as a tourist? To visit my wife's family with her for exemple?

    Thank you and good luck for all.

  • #2
    If you overstayed your i-94 before you applied for AOS it could cause you problems in the future. If you overstayed by more than 180 days but less than a year - you can not return to the US for 5 years. if you over stayed by more than a year then you can not return for 10 years. If you filed before your i-94 expired then you just leave. Your AOS will be abandoned when you leave the country or do not show up at interview.

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    • #3
      If you've already received the AP, feel free to come and go as you please. But it seems you haven't and your patience is wearing thin. How long has it been since you applied?

      You aren't alone. Just read these boards a bit and you'll see how long some people have to wait.

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      • #4
        Originally posted by azblk View Post
        If you overstayed your i-94 before you applied for AOS it could cause you problems in the future. If you overstayed by more than 180 days but less than a year - you can not return to the US for 5 years. if you over stayed by more than a year then you can not return for 10 years. If you filed before your i-94 expired then you just leave. Your AOS will be abandoned when you leave the country or do not show up at interview.
        If there's between 180 days and 1 year of "unlawful presence" and they leave, it's a 3-year ban, not 5 years.

        If there's less than 180 days of "unlawful presence" before they leave (e.g. if there was less than 180 days between their I-94 expired and when they filed AOS), there is no ban.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by Roma93 View Post
          Hello people, I don't know if someone can answer my question

          I came to US with European passport (ESTA), so I got married with US citizen and we apply to AOS. But, I can't take this process anymore,
          my patiente is completly over, and now we're thinking to move to Europe. My question is:

          - If I withdraw the process, I'll be banned to visit US in the future as a tourist? To visit my wife's family with her for exemple?

          Thank you and good luck for all.
          If you've already made up your mind to move back to Europe, my answer may be irrelevant. Ignore it if that's the case. But have you considered moving to a state with faster processing times and lower case workload? Say for example Cleveland, OH? People are getting interview and green card before getting their EAD/AP combo card.
          If you have a job offer or someone who can extend a job offer to you, there is a good chance you could request for your EAD to be expedited.
          There are 11 field offices with processing times of 6 months or less.

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          • #6
            From your nick I think you might be Italian, I'm Italian too. I just began the process but I'm probably in a better situation since I can work and travel. I guess if you leave the country you automatically withdraw the green card process. You might want to call USCIS and check with them. I'm pretty sure there is no penalty since you might want to go back because of other more important personal reasons. Good luck whatever your decision will be!
            Filing Type: Concurrent I-130, I-130A I-485 (I-693 + I-864), I-765
            Package Sent: 3/12
            PD: 3/14/
            Checks Cashed: 3/27
            NoAs via Email/Texts: 3/27
            NoAs via Mail: 3/30
            Biometric letter: 4/5
            Biometric: 4/18
            Ready to be schedule for an interview 4/24
            Interview was scheduled 5/22
            Letter for interview received 5/26
            Interview schedule for 6/26 @12.30 pm
            Green card approved after interview
            Green Card being printed 6/27
            Green Card received on July 5. Total of 115 Days since PD

            Comment


            • #7
              Originally posted by Roma93 View Post
              Hello people, I don't know if someone can answer my question

              I came to US with European passport (ESTA), so I got married with US citizen and we apply to AOS. But, I can't take this process anymore,
              my patiente is completly over, and now we're thinking to move to Europe. My question is:

              - If I withdraw the process, I'll be banned to visit US in the future as a tourist? To visit my wife's family with her for exemple?

              Thank you and good luck for all.
              Talk with USCIS and be patient. Europe is always there, but if you want to come back in US you have to start the process from beginjng again which will be more time consuming than it is now.

              Comment

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