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F1 student, married to US-Citizen need to travel

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Hi,

I am a F-1 student and currently doing post-completion OPt that ends in december 2015. Me and my us-citizen husband got married in April and are just starting to fill out the paperwork for me to apply for a greencard. There was no real rush for us to get it done until I just received news that a close family member in my home country is sick and their health is declining. My mom (who also lives here in the US) and I are planning on flying home in September and it is very urgent that we go then. After thinking for a while I got a couple of questions regarding traveling since I am married and under a F-1 visa but haven't turned any of my greencard froms in yet.

1. If I send in all my forms now, do I have to wait to apply for Advanced Parol for emergency travel until I receive a notification that USCIS received my paperwork? and how long does that usually take, is three weeks not enough time to send it in, get confirmation and then go to my local office to apply for an emergency travel advance parol document?

2. Will i run into problems entering the US even though I have a job and my OPT card and visa is still valid? I have heard different things about this but no one has actually not been let in!? I know it is risky but it is very important that I am able to go home to see my family member one last time.

3. My plan is to turn in my greencard application as soon as i get back from my home country, providing I can enter without a problem. That shouldn't cause any problems, right?

Thank you guys in advance. I am very desperate to find solution!

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thanks for the fast reply.

so this might sound stupid but what can/will/could happen if I enter it with my f-1 visa and turn in my paperwork? at what point would I get in trouble? I just want to try to understand.

has this ever actually happened to someone?

I can not advise you on how to commit visa fraud. That's a violation of VJ's TOS.

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1. After you start your GC processing, travelling out of US without Advance Parole is like abandoning your i485 application which will/might ultimately result in i485 denial.

2&3. If you did not start your GC processing and leave US and come back on your existing F1 visa with only 2-3 months of OPT validity, you might be able to enter US but it all depends on the POE officer. However even if you entered US without any problems and start GC processing, USCIS might consider it a fraud (use of F1 visa to enter US to change to immigrant status) and might deny your application.

In either case, travelling in September seems like a risky move.

The best is you apply for i130/i485/EAD and advance parole and then travel only after you get EAD/advance parole combo but it's highly unlikely you will get that in few weeks. If you really have to travel in September, you need to seek an immigration lawyer.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Welcome to the forum.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Welcome to VJ.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Welcome Aboard ! Whatcha cooking?


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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Introductions - As the OP is trying to learn the steps to adjusting while in the US before they make any mistakes.~~


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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2 & 3 opt is not visa or reentry permit, you can't get in with opt EAD card.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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