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ddmarquez
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ddmarquez Rookie

ddmarquez   0

Posted
Filed: K-1 Visa Country: Spain
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Posted

Hey everyone,

If a person leaves the country while their AOS is still processing, will that person be able to return to the states on a tourist visa? Granted, I understand that the person will no longer be able to obtain a green card.

Thanks,

Daniella

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NikeS Collaborator

NikeS   49

Posted
Filed: Citizen (apr) Country: Nigeria
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Posted

Straight answer: unlikely.

The terms of granting a tourist visa is that you prove you'd return to your home country after a short visit. With a pending immigration petition such as an I-485, though recently abandoned, they are unlikely to grant one. What would warrant a sudden trip abroad without getting Advanced Parole before leaving?

{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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NikeS Collaborator

NikeS   49

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted (edited)

Oh, then please stay put until you do get the AP. If you leave without it, you will most likely have to do the IR petition from Spain - a separation from your spouse for another 8 mths - 1 year; your tourist visa application will most certainly be denied.

I understand, just hang in there and hope for the best. I'd love to travel home too but just have to wait out my AOS process too.

Edited by NikeS

{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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