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Not Sure Whether To Leave the US!!!!

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camera Newbie

camera   0

Posted
Filed: Timeline
Posted

Hi,

I have recently got married and am adjusting from my journalist I - VIsa.

I have done my medical and biometrics and now awaiting my advanced parole. I had no intention of leaving the country until I had taken my interview and had my greencard firmly in my hands. But I have been asked to be best man at My best friends wedding in the UK ( this will be after I receive my Advance parole).

My question is. Am I putting myself at risk at all in anyway by leaving the country? My Attorney advised against it!!! I really dont want to leave as i dont want to risk anything. Am I being over paranoid? Does anybody have any nightmare stories?

Thank you

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Cacerez Proficient

Cacerez   19

Posted
Filed: Citizen (apr) Country: Guatemala
 Timeline
Posted

That's what the AP travel permission is for - to travel prior to receiving the green card. Go for it.

MR. & MRS. CACEREZ

K-1 Process

10.23.08 - sent K1 packet

10.29.08 - NOA1

02.19.09 - NOA2 113 days, Igor's #226

04.13.09 - Interview, Visa in hand next day

04.19.09 - POE Atlanta

04.20.09 - Married!

AOS Process

06.09.09 - sent AOS,EAD,AP packet

06.17.09 - NOAs issued

06.24.09 - Biometrics done (3 weeks earlier than appt date)

07.03.09 - received RFE for I-693 (dated 6.29, responded 7.07)

07.23.09 - transferred to CSC (received letter 7.27)

07.29.09 - EAD Card Production Ordered & AP Approved

11.23.09 - AOS touched - card production ordered & welcome letter sent - 13 months exactly after initially applying for K-1!

12.03.09 - GC arrived in mail

Removal of Conditions Process

07.28.11 - received reminder letter from USCIS to remove conditions before 11.18.11

09.28.11 - mailed I-751 packet

10.03.11 - NOA

10.05.11 - check cashed

11.25.11 - Biometrics

07.24.12 - GC approved!

08.01.12 - GC arrived in mail

Citizenship Process

12.16.16 - sent N400 packet

12.23.16 - NOA issued

01.27.17 - Biometrics done

02.01.17 - put in line for interview

03.15.17 - scheduled for an interview on 04.21.17, had to write a letter asking for a reschedule because we will be out of the country

03.31.17 - scheduled for an interview again

05.09.17 - Interview!

 

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JERIII Enthusiast

JERIII   8

Posted
Filed: Citizen (apr) Country: Moldova
 Timeline
Posted
Hi,

I have recently got married and am adjusting from my journalist I - VIsa.

I have done my medical and biometrics and now awaiting my advanced parole. I had no intention of leaving the country until I had taken my interview and had my greencard firmly in my hands. But I have been asked to be best man at My best friends wedding in the UK ( this will be after I receive my Advance parole).

My question is. Am I putting myself at risk at all in anyway by leaving the country? My Attorney advised against it!!! I really dont want to leave as i dont want to risk anything. Am I being over paranoid? Does anybody have any nightmare stories?

Thank you

WHY did your lawyer advise against it? Did she give a reason?

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

This is why you file an I-131 for AP doc, it allows travel while I-485 is pending. HOWEVER, if you were out of status more than 180 days, that is your I-94 expired and you filed I-485 more than 180 days after the I-94 expired, DO NOT attempt to travel, the POE can block re-entry even though you have an AP doc.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Shelly&Jay Enthusiast

Shelly&Jay   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

When did you file AOS and how long do you anticipate before the AP arrives? It would be helpful to know the lawyers thoughts on why you shouldn't leave.

Good luck!

Shelly :)

Meet on ICQ: 1999

Meet in person: Dec. 2005

O1 visa approved for Jay: Sept. 2006

Both move to CA: Sept. 2006

Jay proposed: Feb. 2007

Married: 07/11/2008

Mailed AOS 04/06/2009

Package received 04/07/2009

Checks cashed 04/13/2009

NOAs received for I-130, I-131, I-485, I-765 dated April 13, 2009

Biometric 1-485 & I-765 scheduled April 29, 2009 letter dated April 15, 2009 (8 days from filing!)

Biometric done 04/29/2009

EAD and AP touched 05/08/2009

I-485 waiting for letter requesting initial evidence 05/08/2009

RFE received for 864 requesting 2008 tax return 05/15/2009

Mailed RFE letter 05/16/2009

RFE response received and case resumed processing (or more waiting) 05/21/09

EAD & AP card production ordered 06/12/09

Received AP 06/17/09

Received EAD 6/22/09

Interveiw date 07/28/2009

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rooster Community Regular

rooster   1

Posted
Filed: Other Country: Canada
 Timeline
Posted (edited)

I'm with YuandDan on this one. As long as you have not been "out of status" at any time during your stay, you will be fine. My wife traveled on her AP several times with no trouble. She wasn't even asked what the nature of her trips were at any time.

ETA: Your lawyer might have more experience with people who are in trouble with USCIS or might be uneducated in the travel process.

Edited by rooster
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camera Newbie

camera   0

Posted
Filed: Timeline
  • Author
Posted
Hi,

I have recently got married and am adjusting from my journalist I - VIsa.

I have done my medical and biometrics and now awaiting my advanced parole. I had no intention of leaving the country until I had taken my interview and had my greencard firmly in my hands. But I have been asked to be best man at My best friends wedding in the UK ( this will be after I receive my Advance parole).

My question is. Am I putting myself at risk at all in anyway by leaving the country? My Attorney advised against it!!! I really dont want to leave as i dont want to risk anything. Am I being over paranoid? Does anybody have any nightmare stories?

Thank you

WHY did your lawyer advise against it? Did she give a reason?

I am abit confused by what my Attorney said. But will speak to her soon to confirm. But it was something with regard to me originally coming in on an I Visa then getting married. But then if I were to leave after AP was issued upon returning my status would be different. Sorry I really need to talk to her again before saying anything else as I dont want to misinform. I will reply when I have spoken to her.

thankyou .

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camera Newbie

camera   0

Posted
Filed: Timeline
  • Author
Posted
When did you file AOS and how long do you anticipate before the AP arrives? It would be helpful to know the lawyers thoughts on why you shouldn't leave.

Good luck!

Shelly :)

Hi Shelley,

I filed on the 24th February. and I need it to arrive before the 25th May, which i know is cutting it fine. I will let you know more when I have chatted to my lawyer again

I'm with YuandDan on this one. As long as you have not been "out of status" at any time during your stay, you will be fine. My wife traveled on her AP several times with no trouble. She wasn't even asked what the nature of her trips were at any time.

ETA: Your lawyer might have more experience with people who are in trouble with USCIS or might be uneducated in the travel process.

What does out of status mean exactly?

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Wishes Contributor

Wishes   2

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Personally, I wouldn't risk it. Even if you "should" be allowed to travel without issue, why deal with the possibility of having an issue? Plus if your attorney advised against it, I would recommend listening to him/her. Why pay for their advice and then not listen to it?

AOS

May 13 2008 (Day 1) - I-130/I485/I864/I765 Sent Via USPS for my new wife and step-daughter

May 23 2008 (Day 11) - Checks Cashed!

May 24 2008 (Day 12) - Received NOAs for I-130s/I-485s/I-765

May 27 2008 (Day 15) - Received Biometrics Appointment for June 12th @ 1PM at Tampa Office

June 12 2008 (Day 31) - Biometrics conducted in Tampa USCIS office also I-485 and I-765 TOUCHED!

June 18 2008 (Day 37) - I-130s and I-765 TOUCHED

June 24 2008 (Day 42) - That touch was actually an RFE letter being mailed. RFE for I-864 Evidence

July 16 2008 (Day 64) - Finally mailed back RFE letter with requested evidence

July 18 2008 (Day 66) - RFE Evidence delivered! Signed for by M. Miles

July 22 2008 (Day 70) - I-1485s TOUCHED and Received E-mail "Case Processing Resumed"

August 14 2008 (Day 93) - EAD Card Production Ordered!

August 15 2008 (Day 94) - I-765 TOUCHED

August 19 2008 (Day 98) - I-765 "EAD Approval Notice Mailed"

August 20 2008 (Day 99) - EAD CARD ARRIVED! - Applied for Social Security Number!

August 26 2008 (Day 105) - Received SSN - Took tests at DMV for License - Told license will arrive within 30 days by Mail

September 22 2008 (Day 132) - Received Driver License in mail - They sure took their time mailing that out!

October 11 2008 (Day 151) - Received Interview Letter for November 19th @ 7:00 AM

November 6 2008 (Day 177) - I-485s and I-130s TOUCHED

November 19 2008 (Day 190) - Had interview, APPROVED! Interview took less than 10 minutes

December 5 2008 (Day 206) - GREEN CARDS ARRIVE!!

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Krikit Grand Master

Krikit   1,163

Posted
Filed: Timeline
Posted
What does out of status mean exactly?

From the CBP site:

Staying beyond the period of time authorized by the Department of Homeland Security and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Link

When is Advance Parole required for travel?

An overstay, or out of status, of 180 days - but less than 1 year - incurs a 3 year bar. An overstay of 1 year or more incurs a 10 year bar. If you've never had an overstay you're fine to travel with your AP.

iagree.gif
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Jon&Lindsey Enthusiast

Jon&Lindsey   0

Posted
Filed: Lift. Cond. (pnd) Country: Wales
 Timeline
Posted
Personally, I wouldn't risk it. Even if you "should" be allowed to travel without issue, why deal with the possibility of having an issue? Plus if your attorney advised against it, I would recommend listening to him/her. Why pay for their advice and then not listen to it?

I agree, if you are adjusting from a non-immigrant visa and not just a K1/other immigrant-intent visa, just to be on the safe side. Also, someone here (I forget who, sorry) recently explained the difference between your status now while your AOS is pending and your status if paroled back into the US on AP, and how this could potentially complicate matters later. If you believe that your lawyer is a good one and experienced in immigration, then I would listen to their advice, since you are adjusting from a different visa to most people on this site and what is fine for a K1 entrant may not be fine for you.

Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

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