URGENT!!! filed for i-485 without i-131 and wife left country!!!???

[iliikata10]

We filed the whole package (i-485, i-130, i-765) but missed the i-131 while she was here for a short period of time (3 weeks) during which she got married to me (A USC) citizen (she's Bulgarian). It says that her i-485 would be abandoned now, and she's in Bulgaria! What's the best way to proceed from this point on, so that she can come here (soon!) and have no problems with immigration! Your HELP on this matter is greatly APPRECIATED! Thanks!!!

[iliikata10]

???

anyone with some knowledge on the matter please REPLY!!!

[iliikata10]

...

also she was on a tourist B-2 visa while here, please let me know what you think?! even just an opinion is GREATLY APPRECIATED

[PraetorianXI]

She has abandoned her AOS. She can not use her visitor visa (she is an intending immigrant).

You need to get a lawyer and have your wife go through Consular Processing in her home country. It will be 6-9 months before she can come with an immigrant visa.

[iliikata10]

Thank you so much for you reply! Do we absolutely need a lawyer to do this? How complicated is it to do it yourself? And what are the chances of her being denied a visa at the consulate in Bulgaria to come and live with me?!?

[iliikata10]

does anyone else have an opinion on this matter? or is this my only choice...

[PraetorianXI]

Is not necessary to use a lawyer... but if you can't even use google then I'd recommend one

There is plenty of information here and at the USCIS website, start reading: /usa-immigrant-visa-process/

[iliikata10]

thank you very much, again sure i'll read up, you've been very helpful!

[iliikata10]

more questions...

so...if the i-485 is rejected because of her leaving the country, can she still be approved for the other two forms (specifically I-130) so that she can be approved for a visa based on that? Or does she need to be fingerprinted and interviewed here as well for the I-130, and in that case the whole package of forms has to be transferred? If we must go the consular processing route (I-824), does that absolutely mean that she can NOT be interviewed in the American consulate and get her visa based on I-130? So many questions...probably need a good immigration lawyer!?!

[iliikata10]

? for PraetorianXI ?

A professor of immigration law had told us that even though she left the country (and is scheduled to appear for fingerprints) it should not be a problem for her to come back in the country, because we are already married and advance parole would not apply to her! Who do I listen to? Should we cancel the i485 and send the i130 for consular processing, or can she come back? Opinions?

[PraetorianXI]

Your professor is smoking pot.

She can not return. She does not need to appear for the i-130 for Biometrics, that form will be approved first. Read the link, google and talk to an actual attorney.