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haagen_dazs

Should i apply for AOS to green card if i am leaving USA for studies in 60days>

By haagen_dazs in Adjustment of Status from Work, Student, & Tourist Visas

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haagen_dazs Apprentice

haagen_dazs   0

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I have an interesting situation that just materialized itself this morning.

I have been accepted to business school and will leave USA in 60 days.

Should I still start the AOS process (my wife is a USA citizen) now?

How would things change and what should I take note of?

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belinda63 Experienced

belinda63   2,981

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Filed: Citizen (apr) Country: Iran
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Well first of all if you leave without Advance Parole (AP) you will have been considered to have abandoned your AOS application.

Second it would depend how long you would be out of the country.

Dependent upon the answers to the the above issues you might be better filing for a spousal visa when you finish school.

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haagen_dazs Apprentice

haagen_dazs   0

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Filed: Timeline
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Well first of all if you leave without Advance Parole (AP) you will have been considered to have abandoned your AOS application.

Second it would depend how long you would be out of the country.

Dependent upon the answers to the the above issues you might be better filing for a spousal visa when you finish school.

i will be away for 1.5 years for my studies.

and i might work overseas after that.

could you explain what this advance parole thing is?

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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Filed: Other Timeline
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As you probably know, the recipient of a Green Card is allowed to reside in the US, and he's required to reside there. In case you need to travel before you have the actual GC in hand, there's Advance Parole. It allows people who have not overstayed to leave the country and reenter.

Once you have your GC at hand, you can, theoretically, apply for a reentry permit. It is required for people who are absent from the US for a year or more, and valid up to 2 years.

The whole AOS process cost over $1,000, will take months, and after close to 2 years you will have to remove conditions, which will also cost over $600.

When filing for ROC in 2012, it will be difficult for you to convince USCIS that your marriage is "real" if you live away from your wife since the beginning. Therefore, it might make more sense if you attend school abroad, and in case you might be coming back, have your wife file a IR-1 for you which results in an unrestricted 10-year GC.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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haagen_dazs Apprentice

haagen_dazs   0

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Filed: Timeline
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As you probably know, the recipient of a Green Card is allowed to reside in the US, and he's required to reside there. In case you need to travel before you have the actual GC in hand, there's Advance Parole. It allows people who have not overstayed to leave the country and reenter.

Once you have your GC at hand, you can, theoretically, apply for a reentry permit. It is required for people who are absent from the US for a year or more, and valid up to 2 years.

The whole AOS process cost over $1,000, will take months, and after close to 2 years you will have to remove conditions, which will also cost over $600.

When filing for ROC in 2012, it will be difficult for you to convince USCIS that your marriage is "real" if you live away from your wife since the beginning. Therefore, it might make more sense if you attend school abroad, and in case you might be coming back, have your wife file a IR-1 for you which results in an unrestricted 10-year GC.

HI

My wife will be living with me together in that other country. We both got into MBA school there.

If there is a chance I will be away from the USA for 2 years, then is it better to apply for the GC later on when we both want to go back to the USA?

What is ROC in 2012?

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Kittyfang Proficient

Kittyfang   6

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Filed: Country: Canada
 Timeline
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What is ROC in 2012?

Removal Of Conditions

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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mjaskiew Contributor

mjaskiew   8

Posted
Filed: AOS (apr) Timeline
Posted

What is the current status of your H1B? If you were laid off in April, then your visa is probably no longer valid and you start to accrue overstay. You need to be careful - you don't want to "earn" 3 or 10 year ban because of that (given you leave the US to pursue your MBA studies and would want to apply for a GC once you're done with the program).

Green card through employment in EB2 category approved in July 2011

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Well first of all if you leave without Advance Parole (AP) you will have been considered to have abandoned your AOS application.

Second it would depend how long you would be out of the country.

Dependent upon the answers to the the above issues you might be better filing for a spousal visa when you finish school.

The OP is H1B so Advance Parole is not so much a concern here.... AP will do nothing to preserve this person's status as it does for K-1

YMMV

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haagen_dazs Apprentice

haagen_dazs   0

Posted
Filed: Timeline
  • Author
Posted

What is the current status of your H1B? If you were laid off in April, then your visa is probably no longer valid and you start to accrue overstay. You need to be careful - you don't want to "earn" 3 or 10 year ban because of that (given you leave the US to pursue your MBA studies and would want to apply for a GC once you're done with the program).

yes my H1B is not valid

so what should i do for the next 2 months?

I leave for school end July

sigh

I am in such a wierd situation.

Can someone advise me please????????

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

yes my H1B is not valid

so what should i do for the next 2 months?

I leave for school end July

sigh

I am in such a wierd situation.

Can someone advise me please????????

Might not be much of a concern today but could affect your visa in the future

180 day overstay = 3 year re-entry ban

365+ days of overstay = 10 year re-entry ban

You need to calculate when you went out of status and make sure you do not accumulate the days of overstay which will impact your ability to come back in the future

YMMV

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted

Might not be much of a concern today but could affect your visa in the future

180 day overstay = 3 year re-entry ban I could be wrong, but isn't it "180 days or less"?

365+ days of overstay = 10 year re-entry ban

You need to calculate when you went out of status and make sure you do not accumulate the days of overstay which will impact your ability to come back in the future

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

No, 0 to 180 days of accumulated overstay does not result in a re-entry ban

It does not AUTOMATICALLY result in a reentry ban, but people have been turned away at the POE who had only a day or two overstayed in the past. Generally speaking, ANY overstay CAN cause problems at reentry.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

It does not AUTOMATICALLY result in a reentry ban, but people have been turned away at the POE who had only a day or two overstayed in the past. Generally speaking, ANY overstay CAN cause problems at reentry.

A denied entry and having a ban in place that makes one ineligible to receive a visa is a very different thing

YMMV

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