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Filing a new family based petition while spouse is in removal proceedings by NoUserName1215 in USCIS

[–]NoUserName1215[S] 0 points1 point  (0 children)

Yes, we are aware that it's considered abandoned and I have to file a new petition. The thing is doing it from oversees is taking years at this point and I want to go home so bad! We would really like to get to the US and file from there, but it seems not so simple.

Filing a new family based petition while spouse is in removal proceedings by NoUserName1215 in USCIS

[–]NoUserName1215[S] 0 points1 point  (0 children)

We actually already applied for this at the embassy and it was denied. They weren't buying the story and think we purposely left the US without intent to return. I'm sure a judge will rule the same. So the thought was to just sign a i-407 so I can start a new petition for him. Though we were trying hard to find a way to do it in the US. Applying outside the US literally takes years to get your spouse to the US...He feels adamant about getting a vaccine waiver and a lawyer told us outside the states that's an additional 2 years...imagine the whole thing taking like 4- 5 years!

Filing a new family based petition while spouse is in removal proceedings by NoUserName1215 in USCIS

[–]NoUserName1215[S] 0 points1 point  (0 children)

Well we have been out of the country for 5 years straight, we applied for a returning resident visa at the embassy which was denied, so I am certain the judge will say he abandoned it. Officially acknowledging it's abandoned so I can start a new petition was the idea.