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Can I leave the country after my interview but before I get my greencard?

#1 Up and Away

Up and Away

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Posted 28 March 2012 - 09:40 PM

This is my situation:

Right now I have Advance Parole so I can leave the country if I want to. I was planning to use AP to go to my friend's wedding in May.

But I have just been informed that I will have my green card interview 15 days before my friend's wedding.

If I get approved, I know that I have to wait a while in order to receive my green card.

But what if I don't my green card by the time I have to go to my friend's wedding?

:wacko:
  • 0

Adjusting from F1 based on Marriage to USC
FedEx AOS package to Chicago Lockbox: Dec. 7, 2011
FedEx confirmation: Dec. 9, 2011
E-notification: Dec. 14, 2011
Checks cashed: Dec. 15, 2011
NOA1's received: Dec. 19, 2011
Biometrics Letter received: Dec. 19, 2011
Biometrics Walk-in: Dec. 27, 2011
EAD in card-production: Feb. 28, 2012
AP approved: Feb. 28, 2012
EAD & AP combo card received: Mar. 8, 2012
Interview date: May 3, 2012
E-notification of I-130 approval: May 8, 2012
Receive Green Card: May 16, 2012

 

Petition to Remove Conditions on Residence

FedEx I-571 package to Vermont: Apr. 7, 2014

NOA Receipt Date: Apr. 9, 2014

Check cashed: Apr. 11, 2014

NOA Received: Apr. 12, 2014

Biometrics Appt.: May 8, 2014

ROC approval letter received: Oct. 21, 2014


#2 kamhoe

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Posted 28 March 2012 - 09:56 PM

If you are approved during the interview, your passport will be stamped for temporary I-551 for traveling.
  • 0

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
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United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received


#3 Up and Away

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Posted 28 March 2012 - 10:03 PM

If you are approved during the interview, your passport will be stamped for temporary I-551 for traveling.


Oh I see, thank you! :thumbs:
  • 0

Adjusting from F1 based on Marriage to USC
FedEx AOS package to Chicago Lockbox: Dec. 7, 2011
FedEx confirmation: Dec. 9, 2011
E-notification: Dec. 14, 2011
Checks cashed: Dec. 15, 2011
NOA1's received: Dec. 19, 2011
Biometrics Letter received: Dec. 19, 2011
Biometrics Walk-in: Dec. 27, 2011
EAD in card-production: Feb. 28, 2012
AP approved: Feb. 28, 2012
EAD & AP combo card received: Mar. 8, 2012
Interview date: May 3, 2012
E-notification of I-130 approval: May 8, 2012
Receive Green Card: May 16, 2012

 

Petition to Remove Conditions on Residence

FedEx I-571 package to Vermont: Apr. 7, 2014

NOA Receipt Date: Apr. 9, 2014

Check cashed: Apr. 11, 2014

NOA Received: Apr. 12, 2014

Biometrics Appt.: May 8, 2014

ROC approval letter received: Oct. 21, 2014


#4 Dave&Roza

Dave&Roza

    Я не знаю



Posted 28 March 2012 - 11:23 PM

If you are approved during the interview, your passport will be stamped for temporary I-551 for traveling.



Maybe, maybe not. You can ask for it and see what happens. My wife was told she was approved and the card arrived two days latter. Assuming you are told you are approved at the interview, the GC will arrive very quickly. If you are told that they must check a few things and a desicion will be made later, then the GC will take a bit longer. My wife did not receive a stamp in her passport, but she was not traveling so it was not an issue. The IO officer may take you AP/EAD card at the time of the interview too. Ours did not. If you still have your AP/EAD card you can travel and when you re-enter the US the CBP may ask why you didn't use your GC.

Good luck,

Dave
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#5 MikeX

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Posted 29 March 2012 - 12:07 AM

From what I have read on VJ, your AP/EAD gets invalidated as soon as your GC is approved. Assume you leave the country and while away, your GC is approved but you do not have it on you. That means, your AP will be invalid at POE and would cause you major problems. That's just me theorizing. Experienced members may know better.
  • 2

AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved. 
  • 07/25/2014 Day 889 10 yr GC in hand! :)

#6 Up and Away

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Posted 29 March 2012 - 07:53 AM

Thanks for the additional insight... yikes so I have to hope that I get someone who has the authority to approve me at the interview? I've read that the reason they don't approve on the spot is because they don't have the authority to approve it on the spot. Is that true?

What are the % breakdowns like, between those who get approved on the spot and those who don't?

And just in case I don't get approved on the spot, what are the chances that I'll get my gc within 2 weeks of the interview?
  • 0

Adjusting from F1 based on Marriage to USC
FedEx AOS package to Chicago Lockbox: Dec. 7, 2011
FedEx confirmation: Dec. 9, 2011
E-notification: Dec. 14, 2011
Checks cashed: Dec. 15, 2011
NOA1's received: Dec. 19, 2011
Biometrics Letter received: Dec. 19, 2011
Biometrics Walk-in: Dec. 27, 2011
EAD in card-production: Feb. 28, 2012
AP approved: Feb. 28, 2012
EAD & AP combo card received: Mar. 8, 2012
Interview date: May 3, 2012
E-notification of I-130 approval: May 8, 2012
Receive Green Card: May 16, 2012

 

Petition to Remove Conditions on Residence

FedEx I-571 package to Vermont: Apr. 7, 2014

NOA Receipt Date: Apr. 9, 2014

Check cashed: Apr. 11, 2014

NOA Received: Apr. 12, 2014

Biometrics Appt.: May 8, 2014

ROC approval letter received: Oct. 21, 2014


#7 Little_My

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Posted 29 March 2012 - 11:24 AM

There are varying opinions on this, and the general consensus seems to be that once GC is aproved, technically the EAD/AP card becomes invalid. While this might be true, in practice CBP will let you use it to re-enter the US, even if the GC was issued while the petitioner was abroad.

My interview was on July 20, 2011. I wasn't approved on the spot, and had to leave the US the following day because of our wedding which was taking place in Finland in a week. I left on July 21, 2011. Two days later I received an approval email, and once I got my GC I actually noticed that the "issued on" date on my GC is the date of my original interview, 20th of July. I returned to the US early August with my AP, while my GC was waiting in our apt in Brooklyn. At POE this wasn't an issue at all, they can see that the GC has been issued, but because I did not have the physical card on me, they paroled me in with the AP. the Officer told me that as long as I traveled internationally within the next 12 months, I wouldn't have to take any action and just had to make sure to use my GC to re-enter the next time I traveled so that my status in their system would update from a "parolee" to "permanent resident". If I wasn't going to travel, he said I could just come to JFK back to POE and have them manually change my status. He also told me this happens all the time, and people get their GCs issued while they are abroad and use the AP to re-enter on a daily basis. It is of course important to note that this is one experience based on the protocols of one POE, but according to my experience and the information I was given by the officer at POE, using the AP to re-enter when a GC has been issued while the petitioner was abroad is really not very rare, nor that big of a thing.
  • 1
Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox
03/04/2011 - Day 1 - AOS -package signed for at USCIS
03/09/2011 - Day 6 - E-mail notification received for all petitions
03/10/2011 - Day 7 - Checks cashed
03/11/2011 - Day 8 - NOA 1 received for all 4 forms
03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011
03/31/2011 - Day 28 - Successful walk-in biometrics done
05/12/2011 - Day 70 - EAD Arrived, issued on 05/02
06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th
07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location
07/22/2011 - Day 141 - E-mail approval notice received (Card production)
07/27/2011 - Day 146 - 2nd Card Production Email received
07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS
08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail
("Resident since" date on the GC is 07/20/2011

#8 Up and Away

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Posted 29 March 2012 - 04:01 PM

Thank you so much for sharing your experience in such helpful detail! I wonder if I should ask the interview officer about it at the end of the interview? I mean, as long as things are going well?

There are varying opinions on this, and the general consensus seems to be that once GC is aproved, technically the EAD/AP card becomes invalid. While this might be true, in practice CBP will let you use it to re-enter the US, even if the GC was issued while the petitioner was abroad.

My interview was on July 20, 2011. I wasn't approved on the spot, and had to leave the US the following day because of our wedding which was taking place in Finland in a week. I left on July 21, 2011. Two days later I received an approval email, and once I got my GC I actually noticed that the "issued on" date on my GC is the date of my original interview, 20th of July. I returned to the US early August with my AP, while my GC was waiting in our apt in Brooklyn. At POE this wasn't an issue at all, they can see that the GC has been issued, but because I did not have the physical card on me, they paroled me in with the AP. the Officer told me that as long as I traveled internationally within the next 12 months, I wouldn't have to take any action and just had to make sure to use my GC to re-enter the next time I traveled so that my status in their system would update from a "parolee" to "permanent resident". If I wasn't going to travel, he said I could just come to JFK back to POE and have them manually change my status. He also told me this happens all the time, and people get their GCs issued while they are abroad and use the AP to re-enter on a daily basis. It is of course important to note that this is one experience based on the protocols of one POE, but according to my experience and the information I was given by the officer at POE, using the AP to re-enter when a GC has been issued while the petitioner was abroad is really not very rare, nor that big of a thing.


  • 0

Adjusting from F1 based on Marriage to USC
FedEx AOS package to Chicago Lockbox: Dec. 7, 2011
FedEx confirmation: Dec. 9, 2011
E-notification: Dec. 14, 2011
Checks cashed: Dec. 15, 2011
NOA1's received: Dec. 19, 2011
Biometrics Letter received: Dec. 19, 2011
Biometrics Walk-in: Dec. 27, 2011
EAD in card-production: Feb. 28, 2012
AP approved: Feb. 28, 2012
EAD & AP combo card received: Mar. 8, 2012
Interview date: May 3, 2012
E-notification of I-130 approval: May 8, 2012
Receive Green Card: May 16, 2012

 

Petition to Remove Conditions on Residence

FedEx I-571 package to Vermont: Apr. 7, 2014

NOA Receipt Date: Apr. 9, 2014

Check cashed: Apr. 11, 2014

NOA Received: Apr. 12, 2014

Biometrics Appt.: May 8, 2014

ROC approval letter received: Oct. 21, 2014


#9 Up and Away

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Posted 04 May 2012 - 02:30 PM

Just to follow-up --had my interview yesterday and although I was not granted a GC on the spot, she said that she would recommend that we get approved. I think it was one of those cases where the IO does not have the authority to approve a GC. Anyway, I asked her about traveling to Canada before obtaining my GC and she said it was fine as long as I have my EAD/AP combo card. She also wrote something in my passport about my AOS pending, and signed it with her name and other info. Thanks everyone for your good advice!
  • 0

Adjusting from F1 based on Marriage to USC
FedEx AOS package to Chicago Lockbox: Dec. 7, 2011
FedEx confirmation: Dec. 9, 2011
E-notification: Dec. 14, 2011
Checks cashed: Dec. 15, 2011
NOA1's received: Dec. 19, 2011
Biometrics Letter received: Dec. 19, 2011
Biometrics Walk-in: Dec. 27, 2011
EAD in card-production: Feb. 28, 2012
AP approved: Feb. 28, 2012
EAD & AP combo card received: Mar. 8, 2012
Interview date: May 3, 2012
E-notification of I-130 approval: May 8, 2012
Receive Green Card: May 16, 2012

 

Petition to Remove Conditions on Residence

FedEx I-571 package to Vermont: Apr. 7, 2014

NOA Receipt Date: Apr. 9, 2014

Check cashed: Apr. 11, 2014

NOA Received: Apr. 12, 2014

Biometrics Appt.: May 8, 2014

ROC approval letter received: Oct. 21, 2014


#10 SB immi

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Posted 28 August 2012 - 10:49 AM

My wife has a similar situation-does anyone know about this kind of case?

We went to the marriage-based AOS interview expecting the approval and she had a plane ticket to leave to see her family the day of the interview. At the interview, the IO approved the petition but said that other security checks hadn't gone through yet and that we would receive the final approval and the green card in the mail.

She left the day of the interview, thinking I could mail the green card to her when it comes and she would be able to use that to get back into the country. She had overstayed for over a year before applying the AOS and did not get an advanced parole prior to leaving. Does anyone know if she will have a problem reentering with the green card?

I'm really worried that there's a chance she won't be able to come back. Any insight here is greatly appreciated.

Thank you very much
  • 0

#11 DandT14

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Posted 28 August 2012 - 03:39 PM

My wife has a similar situation-does anyone know about this kind of case?

We went to the marriage-based AOS interview expecting the approval and she had a plane ticket to leave to see her family the day of the interview. At the interview, the IO approved the petition but said that other security checks hadn't gone through yet and that we would receive the final approval and the green card in the mail.

She left the day of the interview, thinking I could mail the green card to her when it comes and she would be able to use that to get back into the country. She had overstayed for over a year before applying the AOS and did not get an advanced parole prior to leaving. Does anyone know if she will have a problem reentering with the green card?

I'm really worried that there's a chance she won't be able to come back. Any insight here is greatly appreciated.

Thank you very much


So your wife left the country with no way to get back in? I'm sorry, I really try to refrain from lecturing or being overly negative on this site, but did that really seem like a good idea? Sometimes I'm just stunned at the chances people take.

I hope, for your sake, that the greencard is approved quickly and you're able to mail it to her. It will probably work, provided there's nothing illegal about mailing a greencard.

You know, sometimes people wait months for their actual greencard to arrive. Things go wrong with the mail, processing gets hung up somewhere, etc. More often than not, the approval will come quickly and so will the card. I hope that's what happens in your case, I really do. But wow, probably not a great idea to leave without anything that gives her a legal way back in.

Good luck.
  • 0
AOS
5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm
5/21/2012 - Email/text notifications received at 4:50 p.m.
5/26/2012 - NOA hard copies received for I-130, I-485 and I-765
6/19/2012 - Biometrics completed.
7/02/2012 - Text/email/hard copy notification of interview.
7/30/2012 - EAD card production ordered.
8/02/2012 - Interview @ 2:00
8/02/2012 - Email notification of GC production at 5:30pm
8/07/2012 - Second GC production email
8/07/2012 - EAD received.
8/08/2012 - GC mailed.
8/09/2012 - Welcome letter and I-130 approval letter received.
8/10/2012 - Green card received. :)

#12 Hypnos

Hypnos

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Posted 28 August 2012 - 04:17 PM

I will second that truly terrible decision to leave the US without either a green card or AP in your hands. To reiterate - you should never, ever, under any circumstances leave the US without either AP or some form of your green card (actual card, I-551 stamp, etc.)

Hopefully the green card shows up sooner rather then later because she now cannot enter the US without it. You had better hope there are no mistakes on it or it doesn't get lost in the mail (which can lead to months of waiting for a new one).
  • 0

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#13 Darnell

Darnell

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Posted 28 August 2012 - 04:47 PM

My wife has a similar situation-does anyone know about this kind of case?

We went to the marriage-based AOS interview expecting the approval and she had a plane ticket to leave to see her family the day of the interview. At the interview, the IO approved the petition but said that other security checks hadn't gone through yet and that we would receive the final approval and the green card in the mail.

She left the day of the interview, thinking I could mail the green card to her when it comes and she would be able to use that to get back into the country. She had overstayed for over a year before applying the AOS and did not get an advanced parole prior to leaving. Does anyone know if she will have a problem reentering with the green card?

I'm really worried that there's a chance she won't be able to come back. Any insight here is greatly appreciated.

Thank you very much


Technically, she abandoned the adjustment of status process, in toto, by leaving without AP in hand or I-551 stamp in the passport.

IF the greencard comes in the mail, then you got extremely lucky.
if she adjusted from a K-1, that overstay can be forgiven.
if she adjusted from tourist, student, or work visa - then things are scrutinized more.

Actions have consequences - her leaving technically abandons the adjustment of status process.

Edited by Darnell, 28 August 2012 - 04:50 PM.

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#14 Dave&Judy

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Posted 29 August 2012 - 01:16 AM

Another important factor, one should not leave US if he/she overstayed the visa for 6 months or 1 year.
In that case, you won't be able to enter even if you have AP.

So, thats why people here (mostly) suggest to not to leave US before getting GC in hands.

If possible, one should wait for another couple of weeks. The risk is not worth it :no:
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2010 - Met my now wife :-)
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July, 2012 - Preparing AOS package


#15 Hypnos

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Posted 29 August 2012 - 05:44 AM

Since she has already left, all they can do now is pray / hope.
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