What Happens Now...

[Sweets85 0]

Typical, lurking for months, and my first post on here is asking or help!

So I moved to Texas in August 2008 to study on an M1 visa. I moved in with my partner. And earlier this year we decided to marry. So then we were getting all the AOS forms in before my visa expired.

I have the advanced parole and the EAD, all I'm doing now is waiting for the interview date.. I guess when everything else came through so promptly I hoped this would too..

I'm now 6 weeks away from having to leave the country and I'm starting to get nervous. What I'm trying to find out is how long I have to be out the country for when my visa expires, and what happens to my application. What happens if I have to leave for months and then the appointment comes through??

By some miracle I managed to get through to a person on the USCIS helpline, though since I'm here on an M1 visa all she told me was speak to my school official.. who knows nothing!

I know I'm stressing myself out over the entire thing, maybe I'm looking in the wrong places but I can't seem to find anything on it! I'm hoping somebody on here at least has a vague idea!

[Ed+Cindy 1]

I'm not too clear as to why you are leaving the country?

[Sweets85 0]

I'm not too clear as to why you are leaving the country?

My visa and I-94 are expiring... I figured that meant I would have to leave

[Bobby+Umit 161]

Leave for months? That could be an issue if they schedule your interview.

Unless it's an emergency (and doesn't require you to be gone for "months") I would recommend you wait till you have the GC before your gone that long.

(even then your not suppose to be gone for more than an year without filing out a seperate form prior to leaving on the GC)

The AP is what you would use to enter the country, not the M-1 visa. I would also take a copy of the NOA/marriage certificate. (also - the I-94 is basically "locked" in with the NOA from the AOS - that is freezes your status to "applicant pending adjustment")

Edited July 31, 2009 by Bobby_Umit

[Inky 1,111]

Im not personally there yet but to my understanding

if you have filed AOS - you do not have to leave even tho your things are expiring? b/c you are in the system and waiting to be approved. I believe it is only if you have not filed and not sent anything for AOS and it is expiring you will run out of time and have to leave at the end of your visa.

edit : unles you are leaving b/c of something that happend. Your post isnt all that clear now that I read it a second time.

Edited July 31, 2009 by Inky

[Sweets85 0]

Ok, I guess I haven't been very clear, I apologise.

My M1 visa expires in September, along with my I-94.

I've been assuming this means that at that point I have to leave the country.

Can I just leave briefly and then re-enter with the AP or is there a set amount of time I have to leave for when it expires?

if you have filed AOS - you do not have to leave even tho your things are expiring? b/c you are in the system and waiting to be approved. I believe it is only if you have not filed and not sent anything for AOS and it is expiring you will run out of time and have to leave at the end of your visa.

Ok, awesome, thank you!

[Kathryn41 3,205]

From my understanding, your current status in the US is now AOS applicant. I don't believe you can have non-immigrant and immigrant status at the same time so the AOS probably overrules the M-1. You are no longer a non-immigrant which is what the M-1 visa is. You have indicated immigrant intention and that is where you currently are - awaiting a decision on your immigrant request. Until you have a decision on the I-485 you are legally present in the US as AOS applicant and don't need to leave the country because the M-1 is expiring. If for some reason you need to travel before you receive a decision on your green card -even after the I-94 expires - you would use the AP. The current I-94 would be removed from your passport and a new I-94 put in.

[Sweets85 0]

Thanks for the help guys.

I got through to a far more helpful person at USCIS and can confirm that the above is true, I can stay until an official decision is reached.

At last,k I can relax a little!