AOS leaving to home country?

[AnaMarieW 8]

Just a random question, if you were to move out of the country back to your original country due to an emergency, how hard would it be to come back? Also if you entered on a K1 visa what visa could you come back under?

Just something I was thinking about.

[Georgia16 2,858]

How long would you be moving back for?

Do you have your GC?

[AnaMarieW 8]

Well I'm not leaving it's more of a scenario. Or just in case something happens in my husbands family and he has to leave and I'd go with him. He doesn't have his GC yet. But he had received his work permit already. And if we were to leave we would have to go and stay for a year or so?

[Georgia16 2,858]

Well I'm not leaving it's more of a scenario. Or just in case something happens in my husbands family and he has to leave and I'd go with him. He doesn't have his GC yet. But he had received his work permit already. And if we were to leave we would have to go and stay for a year or so?

Okay. Once he has his GC he can stay out of the county for a year sometimes two he just have to apply for a re-entry permit before leaving the country.

If he stayed out longer his GC will be seen as abandoned and you will have to start all over with a CR-1/IR-1 visa which takes about a year to get.

[Dutchster 1,106]

Yeah, do not leave the country it's during AOS and if you have no I-131 approval (AP). You won't be able to re-entry.

[Pitaya 2,576]

easily accessible at the top of the forum page. In particular the section of the K1/K3 AOS Guide that describes the emergency AP Procedure:

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

REF: http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.