Travel during AOS

[Sean and Kristina 24]

Hi there, my husband is in the US on an F-1 visa while he attends MIT graduate school. Our goal was to submit all of our paper work for his adjustment of status by the end of this month. Although there is no rush to get this completed other than peace of mind of knowing that we can be together past his visa expiration in 2017 and convenience with travel, legal documents, etc. However, we were just invited to attend the Rugby World Cup in London and I want to know if my husband would be able to travel abroad after we submit his Adjust of Status packet. It's not everyday your family offers you free tickets to the World Cup!!! Would he be allowed to leave the country while his AOS is pending or would it be best to wait to file until after we return from London? Thoughts?

[3rd 84]

If you want to travel during the AOS process, you'll need the Advance Parole, which will take at least 3 months from filing. As he's already on a valid F-1 visa that can be used to re-enter the country, I'd wait until after you attend the World Cup and file after. As soon as you leave the country on AOS without AP, USCIS looks at the application as 'abandoned', which causes a lot of complications.

Have fun!

[Sean and Kristina 24]

Thanks for the info. Sounds like the best course of action to me!

What about Puerto Rico, though? Since you don't need a passport to travel there from the US (we just did this in July), could he visit Puerto Rico during his AOS?

[Russ&Caro 1,548]

Good luck with the rugby thing for the rest of your life!

[newacct 688]

As he's already on a valid F-1 visa that can be used to re-enter the country, I'd wait until after you attend the World Cup and file after.

This does not sound like a good plan. An F-1 visa cannot be used to enter the US with pre-conceived intent to file AOS during that stay.

[Sean and Kristina 24]

This does not sound like a good plan. An F-1 visa cannot be used to enter the US with pre-conceived intent to file AOS during that stay.

Do you think it could be interpreted with malicious intent even though he still has almost two years of graduate school left in his program?

[3rd 84]

This is true. Sorry, I don't know much about the F-1, only that you can enter and re-enter the country on it. If it's not one that you're supposed to AOS on then this will be an issue. If you did leave on the F-1, then you'd need to file for a CR-1 visa which would mean him having to stay out of the USA until you get it.

Looks like the best course of action is to file AOS now, and wait for the AP card. I'm sure the World Cup will be over by this point though, unless you have a legitimate reason for emergency AP.

[Starkilla09 366]

Do you think it could be interpreted with malicious intent even though he still has almost two years of graduate school left in his program?

Intent is determined at the port of entry, if he gets admitted back on his F-1 visa (which he will likely be) provided he's in compliance with his F-1 status he will be fine to adjust. He just doesn't have to mislead the port of entry officer though with a lie. However, there's a possibility he may have a slight issue with his non-immigrant intent as he's married to a U.S. Citizen but it can still be overcome if raised as many have done so. The safest route though will be to file for adjustment of status as you plan on doing by the month end and also send in an advance parole request. He should get it within 60 to 90 days and you guys will be good to go. Hopefully the game should be later than that. Again, Puerto Rico is part of U.S. territory so no passport is required but your state driver license to board flight. And yes since it's a U.S. territory he's equally good to visit while his adjustment of status is pending without AP like any other U.S state.

Edited September 24, 2015 by Starkilla09

[TBoneTX 43,057]

*** Thread moved from "AOS from WS&T Visas" main forum to the Working & Traveling forum -- topic concerns travel. ***

[Sean and Kristina 24]

Thanks for all the help! Unfortunately, my husband won't be able to go to the World Cup because of school anyway. I really appreciate all the helpful insight!!! We're going to submit our packet this Friday if everything goes accordingly.