about green card process

[donaldo 0]

My wife has received her Notice of action from her AOS I-485 and its pending right now. (She came as k-1 Visa). I know that she can apply for travel document while her AOS application is pending.

But once she gets the green card in hand does she still needs to apply for travel document form (permission) everytime when she wants to travel abroad?

Second Question: how long does it take to get her green card in hand?

Third question: What are the terms for getting this permission from Immigration Service?

Last question is: when she gets her green card should she also get visa for traveling in europe or other countries that are visa free for US Citizens? (like Spain for example)

Thank you and have a blessed day.

[HeatDeath 430]

My wife has received her Notice of action from her AOS I-485 and its pending right now. (She came as k-1 Visa). I know that she can apply for travel document while her AOS application is pending.

But once she gets the green card in hand does she still needs to apply for travel document form (permission) everytime when she wants to travel abroad?

Second Question: how long does it take to get her green card in hand?

Third question: What are the terms for getting this permission from Immigration Service?

Last question is: when she gets her green card should she also get visa for traveling in europe or other countries that are visa free for US Citizens? (like Spain for example)

Thank you and have a blessed day.

First Question: No. Once she has a GC in hand she can leave the US for short trips (less than a year) with no problem. The GC, by itself, will allow her to be readmitted to the US from trips abroad of less than a year (as long as she does't make a habit of doing 11 month trips back to back with only 1 month in-country in between, or similar nonsense.)

Second Question: Two-to-six months, these days, for the most part. Rare exceptions might take longer, but they've improved significantly in the last year or two. Mine was just over two months.

Third Question: The only "permission" she needs is if she wants to stay out for more than a year (but less than two! She cannot stay out for more than two years without abandoning her PR status.) Then she has to apply for a re-entry permit using an I-131 (the same form you used to apply for an AP document during AOS, you just fill it out differently) prior to leaving. Takes 1-3 months, if the processing times are the same as for an AP document.

Fourth question: US Permanent Residents, regardless of their country of citizenship, can travel visa-free to Canada, Mexico, and most (if not all) of the Caribbean islands. For all other countries, whether or not she needs a visa is exactly the same as if she were still living in her country of citizenship. Check the website of the specific country's embassy in the US to see which country's citizens need visas to visit that country. For example, check the website of the Spanish embassy in the US to see if citizens of Russia need visas to visit Spain. I don't know.

Edited March 3, 2010 by HeatDeath

[Darnell 8,478]

I know that she can apply for travel document while her AOS application is pending.

Ya, that's true - but most ppl apply for the travel document (form I-131, advanced parole) at the same time the I-485 was filed.

If that was the case, then she'll have some biometrics coming up soonish.

Did she really not include the I-131 on AOS submittal?

[Neonred 3,461]

To answer your last question, yes she will need a schengen visa to travel to Europe. That is a visa obtained from the embassy of the country she will be traveling to, and will allow her to travel through out Europe. Not hard to get when she is living in the US and has a green card. Check the website of the country she will be traveling to. We did this the last two years without problems.

[donaldo 0]

To darnell:

She sent ther I-485 form and received her Notice of action. but she did not sent the I-131 form. does she still has time to send it? cause she wants to go to Turkey in June to her best friends wedding.

[donaldo 0]

oh and i have another question too darnell if i send the I-131 for advance parole while her AOS is in process (pending) how long will it take to get the approval for traveling abroad? she wants to go to turkey to see her best friend's wedding by the first week of June.

Thanks

[HeatDeath 430]

To darnell:

She sent ther I-485 form and received her Notice of action. but she did not sent the I-131 form. does she still has time to send it? cause she wants to go to Turkey in June to her best friends wedding.

oh and i have another question too darnell if i send the I-131 for advance parole while her AOS is in process (pending) how long will it take to get the approval for traveling abroad? she wants to go to turkey to see her best friend's wedding by the first week of June.

Thanks

You can file an I-131 after filing the I-485. You don't have to include a check. Just include a photocopy of your I-485 receipt notice (NOA1). Just fill it out according to the example form here, and include an attachment patterned after the attachment in the example forms here and you should be fine.

My advance parole took 46 days to process, so if you do it reasonably soon you should definitely have it in hand for June.

The standard warning for AP documents is that, if you have over 180 "out of status days", days by which you have overstayed the validity period of your visa, you cannot use your AP document, even if they give you one, because you will incur a 3-year ban on reentering the US when you leave. Repeat: even if you have an AP document in hand, if youhave over 180 out of status das, or if there is even a question in your mind about how many out of sttus days you have, DO NOT LEAVE THE US!

Otherwise, enjoy your trip

[donaldo 0]

My wife's visa expires on April 27th 2010. and her I-485 AOS is pending. (We got the NOA1 I-485 receipt notice) and we are planning of sending her I-131 AP form this week so she can go to turkey in June. Can she still go even her Visa expires in april 27th? while her I-485 AOS is pending? I'm sorry guys if i'm driving you guys crazy. i'm just trying to be safe to do things right. Thanks

[payxibka 10,044]

My wife's visa expires on April 27th 2010. and her I-485 AOS is pending. (We got the NOA1 I-485 receipt notice) and we are planning of sending her I-131 AP form this week so she can go to turkey in June. Can she still go even her Visa expires in april 27th? while her I-485 AOS is pending? I'm sorry guys if i'm driving you guys crazy. i'm just trying to be safe to do things right. Thanks

She can go, but without AP or GC she will not be coming back anytime soon

[Old Dominion 26]

The approved AP will be all she needs. K-1 visas are limited and good for entry only to marry someone, but not for multiple entries.

[donaldo 0]

Thank you so so much guys. One Love

[baron555 934]

My wife's visa expires on April 27th 2010. and her I-485 AOS is pending. (We got the NOA1 I-485 receipt notice) and we are planning of sending her I-131 AP form this week so she can go to turkey in June. Can she still go even her Visa expires in april 27th? while her I-485 AOS is pending? I'm sorry guys if i'm driving you guys crazy. i'm just trying to be safe to do things right. Thanks

She can always leave at any time; it's getting back into the US that you need the AP or GC in hand (prior to leaving).

As I have told Alla to tell Ev, you will be cutting it very close for this travel but there is time if you get the AP documents in pronto pronto.

(Remember to send two more passport photos, a copy of the photo/ID page from her passport, a copy of the K-1 Visa from the passport, and a copy of both sides of the I-94 from the passport).

I'd also include a cover letter referencing the receipt number of the I-485 NOA1 saying that this application should be matched up with that (so they don't charge you for it).

Remember, that if you do not have the AP or the GC in hand, she can not leave the US (and may have to miss the wedding). If she does, then she will not be able to re-enter, the AOS will be declared as having been abandoned and you will have to repeat the entire K-1, well now it would be the CR-1 visa.

Don't screw this up.

And best wishes to you two from us three.

[baron555 934]

Once you get the NOA1 receipt for the AP application, go online to the USCIS website and make an INFOPASS appointment (probably at the Atlanta office). Then go to that appointment and in person ask to have the AP processed quickly giving the reasons for travel. That should shave maybe a month off the entire timeline.