Dudette

Hi there, just a quick question, if I need to return home within the next few weeks and abandon my AOS application, does that mean I can not apply for it again at a later day?

I have just found at my Mum is in the early stages of Dementia and is going to need looking after, I am trying to hold on to get the Green Card, but if I can't I will just have to abandon the whole thing.

Rete

There is no stigma attached to abandoning your AOS petition. You can apply again and go through the process in the UK instead of the US.

Early set dementia can be a frightening diagnosis but don't let it throw you. You need to talk to the doctors and see what meds are available to help control it as there are some on the market these days. Good luck.

Dudette

Thanks Rete, it doesn't help that my Mum is almost totally deaf, so it's always fun and games. There is no one in England to take care of her, so it will be down to me, I don't have a problem with it she's my Mum.

Good to know I will be able to apply again should I choose to go home and get things sorted out with regards living arrangements etc.

Thanks for getting back to me so quickly

Noorah101

Dudette,

I'm sorry to hear about you mom. I went through the same thing with my dad, and it WAS scary, and we were on the same continent.

Keep in mind when we say "start over" it means the visa process, not the AOS. If you leave the USA now and abandon your AOS, it means whenever you're ready to move back to the USA, your husband will file an I-130 towards your immigrant visa. You'll go through the visa process again - including the police report, medical, interview, etc. It is currently taking about 8 - 10 months to get an Immigrant Visa through London. No way of knowing how long it will take whenever you're ready to come back. In the meantime, you and your husband will have to just visit each other back and forth, unless he wants to come live in the UK.

Rene

Dudette

Rene thanks for you kind words and your blunt answer, you give concise answers which is great, thank you I feel like at times I live such a soap opera life, as nothing ever seems to go right, or it goes from one extreme to the other.

My husband can not live in the UK due to the fact he has two children here and has set visitation with them, their Mother would never allow them to visit the UK, they are his children and I would never ask him to leave them. Over the next few weeks we have a lot of decisions to make, it is very hard for my DH and I as he is currently overseas and will not be home properly until Feb March time next year. Ah well life is such that we make the best of what we have and get on with it, there are people in much worse circumstances than us.

henryh

There is such a thing as "expedited advance parole".

Dudette

I've seen that, but my problem is I do not know how long I am going to have to be in England and what I will find when I get there. I don't want to sound like I am making excuses, but I guess now is the time I need to be thinking long term about my Mum's care issues, being a crabby old battle axe is one thing, but Dementia is a total different ball game, I couldn't just turn up see how she is doing and leave again and I certainly don't know what my options would be with regards to bringing her here.

Could my husband sponsor her and we put in a waiver, does anyone nkow if that would be a possibility?

Noorah101

There might be, but from what I've seen, it's very difficult to get.

Rene

Noorah101

Your husband cannot sponsor your mother to immigrate. And you can only sponsor her to immigrate when YOU become a USC.

As for how long you can be gone on AP, there is no limit....you just have to come back in time for your AOS interview.

Rene

Dudette

Then I guess my DH and I have some serious decision making to do, I cannot take him from his children, but I cannot stand by and let my Mum be put in a home where all kinds of crazy stuff can go on. Is there really any point in going ahead with the AOS now I just don't know. I guess once I find out where my Mum is, I can hopefully talk to her Drs and find out how bad she is.

Ah life

Noorah101

Sorry if I forgot, just can't remember offhand, are you adjusting status after having arrived on a K-1 visa?

When does your I-94 expire?

Rene

Dudette

My I-94 has just expired, I arrived on a tourist visa not intending to stay whilst my husband is overseas, but due to circumstances both here and the UK my husband decided to speak to an Immigration Attorney and file AOS.

Noorah101

Then you should decide what to do fairly quickly. You're currently out of status in the USA, and the longer you overstay the more you are in danger of a ban from returning to the USA.

Were you actually in the USA on a tourist visa? Or the VWP? If you entered on the VWP, you can now never use the VWP again, and will have to get a tourist visa if you want to visit the USA again.

Personally, AOS is only taking between 4 to 6 months at the moment. I'd file AOS, get AP in hand, then go home to see how mom is doing. Come back for your AOS interview, get your green card, then you can spend more time visiting your mom with relative ease.

Rene

Noorah101

Wait...sorry about the above post. It seems you've already filed AOS right? How long ago? I'd wait for the AP to come, then take a trip home to see mom.

Rene

Dudette

Sorry no we have filed the AOS, we filed it over a month ago, after I got documents from the UK, I am still pending status right even though my I-94 is ended? Did we get it wrong? Am I illegally here?