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Traveling while waiting for green card

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I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

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I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

I know if she has a VISA and leaves the country that the VISA is revolked... Had a friends wife that came on a fiancée VISA... Her mom had a stroke while awaiting for her green card... She was told that if she goes back that they would have to start the whole process over again and that she couldn't return... She applied for a emergency waiver but it wasn't approved for 2 weeks... I would call the NVC TO MAKE SURE... In fact I would call twice to make sure if it's the same for a travel VISA...

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I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

After submitting what application? Are you guys doing Adjustment of Status in the US or Consular Processing out of the US? If she leaves while Adjustment of Status (I-485) is pending, wihout Advance Parole, she will automatically abandon the Adjustment of Status. If she is doing Consular Processing, you could submit the I-130 any time (where she is doesn't matter). There is no rule that she cannot visit with an I-130 petition filed for her, but there is an increased chance she might be denied entry.

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Hi,

When is she leaving?

Is she applying to AOS by filing the I-485? Or are you just filing the I-130?

If she is applying to AOS, is she applying for AP?


I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true? Depends on whether she will leave with AP or not.

Thanks you in advance,

S. Hanks

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I am sponsoring my wife as she applies for her green card. She is already in the US but needs to travel back to her country. She currently has a visitors' visa. I heard that if she leaves after submitting the applications that she will not be allowed to return. Is this true?

Thanks you in advance,

S. Hanks

yes, this is true. sorta. what's more true is that her adjustment of status casefile will be deemed abandoned, if she leaves prior to the greencard arriving in her hand.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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You want to apply for Advance Parole (AP) with your filing. It's free with AOS.

It takes up to 90 days to get AP. She may not get it before her trip in October.

If she leaves with AP, she can come back to continue processing for her green card.

If she leaves without AP, then she can not come back until she has a spousal visa which takes 6-12 months. The I-485 will be abandoned.

Don't leave without AP.

Edited by aaron2020

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~~Moved to AOS from Work, Student and Tourist Visas, from National Visa Center (Dept of State)~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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How long has she been in the US?


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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Her visitors visa was cancelled the moment she entered the USA on a K-1. You must apply for AoS and file for AP/EAD at the same time. Like ASAP if you want to possibly get the AP/EAD card by October (it can take up to 90 days after filing).

Without AP (Advanced Parole), she will not be allowed to re-enter the USA and you will them be stuck filing a I-130 and waiting a year to be with your loved one again.

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Her visitors visa was cancelled the moment she entered the USA on a K-1. You must apply for AoS and file for AP/EAD at the same time. Like ASAP if you want to possibly get the AP/EAD card by October (it can take up to 90 days after filing).

Without AP (Advanced Parole), she will not be allowed to re-enter the USA and you will them be stuck filing a I-130 and waiting a year to be with your loved one again.

Doesn't sound like a K-1 case here. More like Marriage on a tourist visa and AOS.

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