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Processing an Adjustment of Status While In Another Country

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Filed: AOS (apr) Country: Philippines
Timeline

My Filipino boyfriend and I would like to get married in the US, but we are hoping to continue living in the Philippines where we are missionaries. Is it possible to live outside the US while waiting for his green card?

What is an "advance patrol" and how do you get one?

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He would need to obtain Advance Parole before being able to depart the US without abandoning his AoS application. It would take approximately 90 days for him to receive his AP after applying for it.

He would file for AP concurrently with his AoS (and EAD - employment authorisation).

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: United Kingdom
Timeline

Where are you and your boyfriend right now?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: AOS (pnd) Country: Philippines
Timeline

My Filipino boyfriend and I would like to get married in the US, but we are hoping to continue living in the Philippines where we are missionaries. Is it possible to live outside the US while waiting for his green card?

What is an "advance patrol" and how do you get one?

Not possible

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Filed: AOS (apr) Country: Kenya
Timeline

My Filipino boyfriend and I would like to get married in the US, but we are hoping to continue living in the Philippines where we are missionaries. Is it possible to live outside the US while waiting for his green card?

What is an "advance patrol" and how do you get one?

Yes not possible. The GC assumes the couple will maintain a domicile in the US, one can be out of the country no more than 6 months in a year to satisfy that. Since you guys don't want to live in the US, then there is no need to AOS.

One can, technically, enter the US on a K-1, get married and then leave. Then later when the beneficiary and their USC spouse wishes to enter the US, file for a CR-1 spousal visa.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Other Country: Philippines
Timeline

My Filipino boyfriend and I would like to get married in the US, but we are hoping to continue living in the Philippines where we are missionaries. Is it possible to live outside the US while waiting for his green card?

What is an "advance patrol" and how do you get one?

Your timeline is blank so I am guessing you have not filed for the K-1 yet. You can complete the K-1 to get married in the U.S. (be a ton cheaper to just get married in the Phils) but with your extended plans of staying in the Phils I would suggest not bothering to file for AOS. Once married fly back to the Phils, enjoy life, then when ready to return to the U.S. file a IR/CR-1 spousal visa using a DCF (Direct Consulate Filing) this takes maybe 60 days to complete in Manila and the green card will be delivered once you are in the States.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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