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AOS being dropped. Can wife visit?

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  • AOS being dropped. Can wife visit?

    Long story short: My wife and I filed to adjust status on a k1 and filed for advance parole to have our wedding in Canada (her country). While the travel document was pending we left for wedding/honeymoon and they wouldn’t let her come back to the States. Now we have a local interview that she cant make.
    Ive decided that in the next 2 years Im just going to move to Canada instead. I want to know: will I be able to cancel the AOS so she can at least start visiting me again? How soon can this happen, if so? Thanks for reading.

  • #2
    If she left the US without AP, then her AOS has already been forfeited---I don't think you need to formally withdraw or cancel.

    Did they give a reason why they denied her entry at the border? I'm assuming it was because she could not prove her non-immigrant intent.

    I think that's the major issue here: because your wife tried immigrating in the past, the USCIS/officer is unlikely to grant her entry under a non-immigrant status unless she can convince them that she will return to Canada (e.g., job in Canada, apartment lease, car rental, family, etc.).
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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    • #3
      If she left a country without AP, her AOS is denied!
      If she does not overstayed her visa B1/B2, she can apply again. If she was F1/J1 student visa and she overstayed it’s no problem at all.

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