Can my husband leave for 1 year while awaiting his AOS?

[katie1726 0]

Hi Everyone,

My husband was recently offered a full scholarship to study in England. Absolutley everything is covered in this scholarship.... so it is not easy for us to turn it down. It is a one-year program, from Oct 08- Oct 09. The tricky part is that we just sent in our AOS paperwork two weeks ago! I know that if he is out of the country and misses an interview, he is not likely to get his greencard. Others have advised us that he should probably not leave the US for about two years after filing for a greencard.... is that really true? I have read about the advance parole thing... but can he be on parole for an entire year?

Please pass along any advice you may have. We really want to make a good decision about this and not jeopardize all that we have worked so hard for.

Thanks in advance!!

Peace,

Katie

[ready4ONE 5,400]

I don't have a great answer for you, for most things there appears to be a waiver, and perhaps this would fall in to one of those categories. A once in a lifetime chance for him to go to school in England.

It does seem to be though, that about 90 days out of country is the max. as a general rule. Research this issue at USCIS, and hopefully someone will come along with a better answer than I can give you.

Good luck!

[pushbrk 12,234]

Hi Everyone,

My husband was recently offered a full scholarship to study in England. Absolutley everything is covered in this scholarship.... so it is not easy for us to turn it down. It is a one-year program, from Oct 08- Oct 09. The tricky part is that we just sent in our AOS paperwork two weeks ago! I know that if he is out of the country and misses an interview, he is not likely to get his greencard. Others have advised us that he should probably not leave the US for about two years after filing for a greencard.... is that really true? I have read about the advance parole thing... but can he be on parole for an entire year?

Please pass along any advice you may have. We really want to make a good decision about this and not jeopardize all that we have worked so hard for.

Thanks in advance!!

Peace,

Katie

Since he arrived on a K1, he'll at least need advance parole to be re-admitted to the US after leaving. (No, he can't enter using the VWP.) You don't mention the timing of the potential departure. If after the Green Card is issued, he might be able to pull it off if he visits a couple times during the year but "permanent resident" means permanent resident. For more information, simply google, "maintaining permanent residents status" to see links to the requirements.

I suppose it would also be possible to leave with AP and return for the AOS interview, if AP comes first.

[bokita2 0]

It seems to me like you both have a major choice to make. One year sounds like a long time to be out of the country. AP says you need to watch length of stay when your away.

I was told not to leave during AOS process as it could be considered abandoning your status.

I think you and your husband need to weigh it up with the opportunity you have.

I'm not sure, perhaps you can re-apply after the scholarship is done.

Good luck.

[katie1726 0]

Thanks for your advice everyone! We will certainly research all that you mentioned. We've come too far to risk anything at this point! Tough decisions have to be made!

[katie1726 0]

Now, my husband mentioned that he once read about a special application for advance parole lasting two years or more. He isn't sure where he saw that. Has anyone ever heard of such a thing?

[pushbrk 12,234]

Now, my husband mentioned that he once read about a special application for advance parole lasting two years or more. He isn't sure where he saw that. Has anyone ever heard of such a thing?

It's the same kind of principal often misunderstood about a B2 visa valid for 10 years. It still only allows stays in the USA for 3 or 6 months each.

AP valid for two years wouldn't change anything about needing to complete the status adjustment.