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GabiandVi

how soon after interview can you leave US

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Filed: AOS (pnd) Country: Benin
Timeline

When my husband came in January, the plan was for him to return on July 14. When we decided to file the AOS, we assumed he would have to give up the return. We didn't even file an I-131. However, since we got the interview letter with our interview scheduled for 6/30, we are thinking that he might be able to return on July 14 to tie up loose ends before he comes back and gets a job (hopefully.)

I know that there is no guarantee that we will be approved. However, it seems I've read about people getting welcome letters at the interview or stamps in their passports. Also, according to timelines, it has been taking about 10 days after the interview, if approved, to get the GC.

I guess my question is, if they indicate that the GC is approved, but we haven't received it and he doesn't have a stamp in his passport, can he travel on his I-94, and let me send him his GC in the mail so he can come back on that?

I know this is a lot of ifs, but if the answer is no to the travel before receiving the GC, then we don't even need to investigate further.

Thanks.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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Filed: Other Timeline

For starters, they either remove his I-94 at the interview, or when he leaves the US.

If the AOS gets approved on the spot, and they openly tell you guys that, he theoretically could ask for the I-551 stamp in his passport. I always advise against this, as it's pushing the issue of getting the hell out of the USA a bit too much when the applicant should be happy to be there. Therefore, more realistic is waiting for the GC or apply for AP.

Leaving the country without AP and without the GC is not such a good idea.


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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Filed: AOS (pnd) Country: Benin
Timeline

For starters, they either remove his I-94 at the interview, or when he leaves the US.

If the AOS gets approved on the spot, and they openly tell you guys that, he theoretically could ask for the I-551 stamp in his passport. I always advise against this, as it's pushing the issue of getting the hell out of the USA a bit too much when the applicant should be happy to be there. Therefore, more realistic is waiting for the GC or apply for AP.

Leaving the country without AP and without the GC is not such a good idea.

Thanks. I've read that they only take the I-94 if it is expired. His won't expire until July 14, two weeks after our interview. We probably won't go through with this, but I just want to explore all the options and be as informed as possible. If the GC is in process but has not arrived, and the I-94 has not expired and still in his passport, will using it negate the greencard?

We should have applied for AP. We weren't thinking we would be able to afford for him to get back here if he returned to his country, and I couldn't figure out what you put if you didn't have specific dates planned for travel, so we didn't apply. Stupid of us, I know.

I'm just wondering if after a GC is approved but not in hand, is the I-94 still valid and is travel without the not-yet-produced GC strictly forbidden? The idea of this is just forming in our heads and we are just trying to get all the information before we make a plan.

The truth is, when he left his country we both expected him to return on July 14 and probably not get his immigrant visa for another 6 months or so. So he did not leave the country like he wasn't going back to it. He knows once he starts working, he won't be able to go back for several years, so we started thinking now might be the time.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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Filed: Citizen (apr) Country: Pakistan
Timeline

Thanks. I've read that they only take the I-94 if it is expired. His won't expire until July 14, two weeks after our interview. We probably won't go through with this, but I just want to explore all the options and be as informed as possible. If the GC is in process but has not arrived, and the I-94 has not expired and still in his passport, will using it negate the greencard?

We should have applied for AP. We weren't thinking we would be able to afford for him to get back here if he returned to his country, and I couldn't figure out what you put if you didn't have specific dates planned for travel, so we didn't apply. Stupid of us, I know.

I'm just wondering if after a GC is approved but not in hand, is the I-94 still valid and is travel without the not-yet-produced GC strictly forbidden? The idea of this is just forming in our heads and we are just trying to get all the information before we make a plan.

The truth is, when he left his country we both expected him to return on July 14 and probably not get his immigrant visa for another 6 months or so. So he did not leave the country like he wasn't going back to it. He knows once he starts working, he won't be able to go back for several years, so we started thinking now might be the time.

IF, you get approved, your I-94 is no longer valid. Neither is the I-131(Advance Parole). You either need your Green Card or the I-551 stamp in your passport to travel. You have been mis-informed that you receive your GC in 10 days once you are approved. Rarely somebody receives it in 2 weeks. Usually its 30 to 90 days. If your husband wishes to travel, he may indicate his intention to the IO once the interview is over and request for a stamp in his passport. I got a stamp in my poassport, but was lucky to receive my green card before I travelled. The question of sending his GC in the mail doesn't even arise, since he can't leave without proper documentation.


IR5 For Parent

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Filed: AOS (pnd) Country: Benin
Timeline

IF, you get approved, your I-94 is no longer valid. Neither is the I-131(Advance Parole). You either need your Green Card or the I-551 stamp in your passport to travel. You have been mis-informed that you receive your GC in 10 days once you are approved. Rarely somebody receives it in 2 weeks. Usually its 30 to 90 days. If your husband wishes to travel, he may indicate his intention to the IO once the interview is over and request for a stamp in his passport. I got a stamp in my poassport, but was lucky to receive my green card before I travelled. The question of sending his GC in the mail doesn't even arise, since he can't leave without proper documentation.

Thanks. That clears things up. So now I understand that the only way he will be able to travel is if the IO indicates we are approved and is willing to stamp my husband's passport.

I was basing the 10 - 12 days on timelines, but even if that is accurate, I knew there was no way we could rely on that. Too many variables, the first being the 4th of July to stop any sort of progress anywhere along the process.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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IF, you get approved, your I-94 is no longer valid. Neither is the I-131(Advance Parole). You either need your Green Card or the I-551 stamp in your passport to travel. You have been mis-informed that you receive your GC in 10 days once you are approved. Rarely somebody receives it in 2 weeks. Usually its 30 to 90 days. If your husband wishes to travel, he may indicate his intention to the IO once the interview is over and request for a stamp in his passport. I got a stamp in my poassport, but was lucky to receive my green card before I travelled. The question of sending his GC in the mail doesn't even arise, since he can't leave without proper documentation.

What is your basis for this statement? That's not what I understand at all, in that you are not inspected as you leave the country. You need the GC for re-entering the US, yes. Granted, I have not done research on this area of things at all.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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