Br6richhy

hello all

My wife who is American, and me are in the middle of the adjustment of status
process, but we are thinking of returning to England to complete my degree there. My
question is, if we decide on this course of action, what is the best way of telling
the INS of our decision, do we write a letter, phone them , or make an appointment to
see someone from our INS district office delaing with our case?

thanks folks

Alvena Ferreira

BR6RichHY wrote:
    > My wife who is American, and me are in the middle of the adjustment of status
    > process, but we are thinking of returning to England to complete my degree there.
    > My question is, if we decide on this course of action, what is the best way of
    > telling the INS of our decision, do we write a letter, phone them , or make an
    > appointment to see someone from our INS district office delaing with our case?
    >
Here's what I would do: I would send a certified letter to the local district office
where I filed AOS, informing them of my decision and then i would leave. The AOS is
cancelled by your leaving anyway, however it would be nice to let the INS office
know, so that they could stop processing yours and move on to someone else who is
stil adjusting.

Alvena

See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org

timiny74

It is possible that you might want to apply for a Re-entry permit in case you decide you don't want to pursue the degree after some time in England or your wife becomes so homesick that you have to move back to the States or perhaps some other reason I can't think of. The worst that can happen is the INS can deny it and you can just leave anyway and surrender your greencard. Alvena is right when she says you should contact INS and surrender the greencard and free up the INS's queue, assuming the re-entry permit is denied.

The I-131 asks for your Expected duration of trip. I suspect you could take an educated guess. If the degree finishes in 1 1/2 or 2 years you could put that down for duration, although I haven't done this myself so I'm not sure if that's right or not. If you are going abroad for studies within a 2 year period and you show that you intend to return after the studies are complete it seems to me that it could be a valid reason to get a re-entry permit.
Just some food for thought.

Rete

You are not talking about a re-entry permit but advance parole. A re-entry permit is for those with PR status and not for people with pending PR status.

The unfortunate part from my view point is that for him to re-establish himself in England as a resident for schooling purposes and his wife's applying for and being granted residency there, they have shown that he has abandoned his quest for residency in the US.

There is one plus to all of that, however, and that is if the wife has status there, they can file for his AOS at the Consulate level and he will enter the US as a PR, quite possibly without conditions if the marriage is over 2 years in length.

Rita

timiny74

Thanks for the correction, Rete. I didn't look closely enough to see his AOS is still pending. He doesn't say how long he has been waiting or what his local INS office is so it's difficult to advise on a course of action. If only a short time then it might be good to wait for the interview and then perhaps consider the re-entry permit. Of course, if this is to be a long-term move it might be best to just move over to England ASAP, perhaps his wife could obtain citizenship there or at the very least they would be in a position where they might be married 2 years and can do DCF in London and get an unconditional greencard again.

My wife and I are considering these options ourselves although she already has PR. While a long stay for us abroad (over 18 months according to the INS's Naturalization Eligibility Worksheet -- http://www.ins.gov/graphics/services...wsinstruct.htm) even with a re-entry permit does not count the previous greencard time.

If I may go off on this tangent, I can't figure out if the 364 days of continuous residency while in the foreign country applies if you are out for longer than 2 years. I'm wondering if that only applies if you have the same PR that you had prior to leaving the US or if that would also apply when applying for a new PR. My guess is the former only.

timiny74

Oops, I have to correct myself now. When I asked about the last 364 days abroad being applied to continuous residency I realized I had stated the answer to this in a previous post, you can only capture these 364 days if you've been abroad for 2 years or less. But my question should have been, can you capture the 364 days if you go abroad, abandon or surrender your greencard and then come back within 2 years (applying for a new greencard)?

My guess is that the INS is assuming you have a re-entry permit and you plan to continue on your existing PR, so the 364 days is added in. But it doesn't come right out and state that you can't have the 364 days continuous residence if you abandon your PR and then apply for new PR within 2 years.

Ameriscot

I think it would be easier just to abandon the AOS, informing the INS as outlined by Alvena.

If you went with Advance Parole, you'd be called back to the US at some point for the AOS interview at a time not of your choosing.

It's very easy to to do the I-130/IR1 in London.