My wife and I applied for her American residency last year January and to this day, it says that it is still pending.

Question

A couple of months ago, we moved to her home country (Spain) because of health issues she was having (4 times checked in to the hospital for week long stays in the span of 12 months). Now, we’re trying to figure out what the next step is to go back to America and continue our residency. So far, nothing has indicated that our application is nullified..should we take that as a good sign ? And if no, we appreciate the advice for moving forward. Thank you !

Stephen Arnold Black · Answer

It’s unclear what type of immigration case you filed. If you filed for her green card through marriage based adjustment of status while inside the US but then left, USCIS will deem the case abandoned. Reach out to an immigration attorney for more specific advice.

James L. Arrasmith · Answer

Based on the information you provided, it seems that your wife's U.S. residency application is still in process, and the move to Spain hasn't nullified the application. However, it's important to consider a few points: 
 
1. Processing times: U.S. residency applications can take a long time to process, sometimes even more than a year. The processing time depends on various factors, such as the type of application, the applicant's country of origin, and the workload of the U.S. Citizenship and Immigration Services (USCIS). 
 
2. Continuity of the application: Ensure that you have updated your contact information with the USCIS, so they can reach you even while you're in Spain. You don't want to miss any important correspondence regarding your application. 
 
3. Avoiding abandonment: Prolonged absences from the U.S. during the application process may be interpreted as abandonment of the application. However, if your wife's absence is due to medical reasons, it may not negatively impact the application, especially if you have documentation to support this. 
 
Next steps: 
 
1. Contact the USCIS: Reach out to the USCIS to inquire about the status of your application and inform them about your current situation. They can provide guidance on how to proceed. 
 
2. Consult an immigration attorney: Given the complexity of your situation, it may be beneficial to consult with an experienced immigration attorney who can provide personalized advice and help you navigate the process. 
 
3. Gather supporting documents: Collect and organize any relevant documents that support your wife's medical situation and the reason for your temporary move to Spain. 
 
Remember, while a pending application is not a guarantee of approval, it's generally a positive sign that your case is still being processed. Stay proactive, communicate with the USCIS, and consider seeking professional legal advice to ensure the best possible outcome.

Q: My wife and I applied for her American residency last year January and to this day, it says that it is still pending.