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Jørgen

Filed I-485 w/ concurrent I-130, can I leave the country at all?

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

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Jørgen Apprentice

Jørgen   2

Posted
Filed: AOS (pnd) Country: Norway
 Timeline
Posted

Hi,

I'm in the US on an unexpired F-1 visa, and I filed a I-485 with a concurrent I-130 with my wife before the weekend - supposed to arrive at the Chicaco Lockbox yesterday morning.

A friend wants to take a quick trip to Mexico (we live in southern California), have some good Mexican food and tequila. Is this possible?

I've read that you can't leave the country when you've filed a I-485 - is this true? I haven't gotten any receipts (nothing in the e-mail yet, nor anything in the mail).

Kind regards, Jørgen.

05/31/2010: Married my beautiful wife :D

06/01/2010: Found out that I am no longer eligible for the J-1 visa I was applying for for my summer internship, because of marriage

07/12/2010: USCIS sent NOA1 (FedEx receipt 07/09/2010)

07/27/2010: Did walk-in biometrics in Fresno, CA (Scheduled appointment was 08/14/2010 in San Marcos, CA)

07/27/2010: Requested expedited processing of I-765 due to financial hardship

07/27/2010: RFE (I-864 instead of I-864EZ) - expedited processing cancelled.

08/09/2010: I-131 delivered to USCIS (according to USPS)

08/13/2010: RFE response NAO received per e-mail. (USPS receipt 08/11/2010)

08/16/2010: Requested expedited processing again.

08/24/2010: Contacted Representative about help. Inquired to USCIS, told us they couldn't ask for any kind of preferred processing, and gave us status update (At the "judicial stage of the process"?)

08/25/2010: Work permit card production ordered!

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted (edited)

Nope, you can't leave the US while AOS is pending. Once you leave they consider the AOS abandoned.

unless you have also applied for Advanced parole, which, once you have that in hand you can use to re-enter the US.

Edited to add that even if you did apply for the AP, you likely won't get it for a while if you have just sent it your forms. Takes a while..

Edited by engineer21
AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

If you leave without your Advance Parole, your AOS is considered to be abandoned.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from an F1 visa and the prior forum is for K1, K2, K3 & K4**

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hi,

I'm in the US on an unexpired F-1 visa, and I filed a I-485 with a concurrent I-130 with my wife before the weekend - supposed to arrive at the Chicaco Lockbox yesterday morning.

A friend wants to take a quick trip to Mexico (we live in southern California), have some good Mexican food and tequila. Is this possible?

I've read that you can't leave the country when you've filed a I-485 - is this true? I haven't gotten any receipts (nothing in the e-mail yet, nor anything in the mail).

Kind regards, Jørgen.

It's true that leaving the US without AP while your AOS is pending will result in your petition being considered abandoned. There is an exception to this rule, but it applies to H, L, K3, K4, V1, and V2 visa holders. It doesn't apply to F1 visa holders. If you leave and USCIS finds out about it then your AOS will be denied, and you'll have to start over.

Once you get your green card then you can plan your road trip. If you want "good" Mexican food and tequila then plan on going further south than Tijuana. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Jørgen Apprentice

Jørgen   2

Posted
Filed: AOS (pnd) Country: Norway
 Timeline
  • Author
Posted

Thank you everyone, quick and helpful responses. I was hoping it took a bit of time till the "can't leave"-rule kicked in since we filed I-130/I-485 simultaneously. :-)

Once you get your green card then you can plan your road trip. If you want "good" Mexican food and tequila then plan on going further south than Tijuana. :blush:

Hehe, yeah, we were going to Enseneda :)

Kind regards, Jørgen.

05/31/2010: Married my beautiful wife :D

06/01/2010: Found out that I am no longer eligible for the J-1 visa I was applying for for my summer internship, because of marriage

07/12/2010: USCIS sent NOA1 (FedEx receipt 07/09/2010)

07/27/2010: Did walk-in biometrics in Fresno, CA (Scheduled appointment was 08/14/2010 in San Marcos, CA)

07/27/2010: Requested expedited processing of I-765 due to financial hardship

07/27/2010: RFE (I-864 instead of I-864EZ) - expedited processing cancelled.

08/09/2010: I-131 delivered to USCIS (according to USPS)

08/13/2010: RFE response NAO received per e-mail. (USPS receipt 08/11/2010)

08/16/2010: Requested expedited processing again.

08/24/2010: Contacted Representative about help. Inquired to USCIS, told us they couldn't ask for any kind of preferred processing, and gave us status update (At the "judicial stage of the process"?)

08/25/2010: Work permit card production ordered!

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