AOS

[Khomer1964 0]

Hello all,

I just have a question about the AOS process. My fiancee and I are getting married in the next few weeks. In January, we will start the AOS process. My fiancee wants to go back to China to visit her parents and family for a few weeks, then return to the USA. She came here on a K-1 visa that expires in March 2010. Will she be able to leave the USA and come back? Can you getpermission to leave USA while AOS is in the process? If anyone knows i would appreciate it. She really needs go back to see her father and mother, but she thinks because of K-1 visa status, she will not be able to come back to USA.

Thank you very much

Timeline

7/21/09 - Chatted online at Cherry Blossoms website

8/28/09 - Applied for Passport / Travel Visa for China

10/1/09 - Visited Shanghai China and met Ellen

2/8/10 - Ellen applied/received B-1 Travel Visa

3/8/10 - Ellen visits me in USA for 30 days

3/27/10 - Engaged

3/30/10 - Mailed I-129f K-1 visa packet

4/1/10 - USPS verifies that packet was received

4/6/10 - Received hard copy of NOA1

6/2/10 - Contacted USCIS about status (60 days)

7/2/10 - Contacted USCIS about status (90 days)

7/9/10 - NOA2 approved (98 days)

7/16/10 - NVC Received

7/19/10 - NVC mailes to China Embassy

8/2/10 - Consulate Received approved I-129f packet

8/4/10 - Ellen receives P3

8/5/10 - Ellen mails P3 back to embassy

8/7/10 - EMS verifies P3 received by embassy

8/23/10 - Called DoS; interview date of Sept 27

9/25/10 - Medical scheduled

9/27/10 - APPROVED!!

9/29/10 - EMS received visa package and sent out

9/30/10 - Visa received

11/12/10 - Arrived USA

[Barbara J 115]

Hello all,

I just have a question about the AOS process. My fiancee and I are getting married in the next few weeks. In January, we will start the AOS process. My fiancee wants to go back to China to visit her parents and family for a few weeks, then return to the USA. She came here on a K-1 visa that expires in March 2010. Will she be able to leave the USA and come back? Can you getpermission to leave USA while AOS is in the process? If anyone knows i would appreciate it. She really needs go back to see her father and mother, but she thinks because of K-1 visa status, she will not be able to come back to USA.

Thank you very much

Timeline

7/21/09 - Chatted online at Cherry Blossoms website

8/28/09 - Applied for Passport / Travel Visa for China

10/1/09 - Visited Shanghai China and met Ellen

2/8/10 - Ellen applied/received B-1 Travel Visa

3/8/10 - Ellen visits me in USA for 30 days

3/27/10 - Engaged

3/30/10 - Mailed I-129f K-1 visa packet

4/1/10 - USPS verifies that packet was received

4/6/10 - Received hard copy of NOA1

6/2/10 - Contacted USCIS about status (60 days)

7/2/10 - Contacted USCIS about status (90 days)

7/9/10 - NOA2 approved (98 days)

7/16/10 - NVC Received

7/19/10 - NVC mailes to China Embassy

8/2/10 - Consulate Received approved I-129f packet

8/4/10 - Ellen receives P3

8/5/10 - Ellen mails P3 back to embassy

8/7/10 - EMS verifies P3 received by embassy

8/23/10 - Called DoS; interview date of Sept 27

9/25/10 - Medical scheduled

9/27/10 - APPROVED!!

9/29/10 - EMS received visa package and sent out

9/30/10 - Visa received

11/12/10 - Arrived USA

Well her K1 visa expired the moment she arrived in USA. The K1 visa expiry date means she had till March to use it and enter the US and marry you in 90 days. She can't leave the USA until she receives her Advanced parole which you would apply for together with your I-485 AOS. The only reason I have heard people getting expedited AP is for personal family problems such as sickness or death in family or something like child starting school or whatever. If it is just to visit parents cause of missing them well we are all in the same boat there. I would love to go and see my daughters too but have to wait for AP or my GC and then I can go visit no problems.

It will be a few months yet before she can visit. Sorry to say

[baron555 934]

Hello all,

Will she be able to leave the USA and come back?

Yes to leave but No to come back.....

Can you getpermission to leave USA while AOS is in the process?

Yes, apply also for the AP and once you receive that, usually in a couple of months, she can leave AND come back with that.

[JimVaPhuong 4,863]

Hello all,

I just have a question about the AOS process. My fiancee and I are getting married in the next few weeks. In January, we will start the AOS process. My fiancee wants to go back to China to visit her parents and family for a few weeks, then return to the USA. She came here on a K-1 visa that expires in March 2010. Will she be able to leave the USA and come back? Can you getpermission to leave USA while AOS is in the process? If anyone knows i would appreciate it. She really needs go back to see her father and mother, but she thinks because of K-1 visa status, she will not be able to come back to USA.

Thank you very much

According to your timeline, she just arrived in the US last Friday. She got homesick really fast!

As others have already said, her visa is already expired. It's a single use visa, and she's already used it.

She can apply for AP at the same time she applies for the green card. It usually takes a couple of months to get the AP. If she leaves when she gets the AP then she should be flexible about her travel plans, and be prepared to come back if you are scheduled for a green card interview. She must not miss the interview.

[garfield529 47]

Hello all,

I just have a question about the AOS process. My fiancee and I are getting married in the next few weeks. In January, we will start the AOS process. My fiancee wants to go back to China to visit her parents and family for a few weeks, then return to the USA. She came here on a K-1 visa that expires in March 2010. Will she be able to leave the USA and come back? Can you getpermission to leave USA while AOS is in the process? If anyone knows i would appreciate it. She really needs go back to see her father and mother, but she thinks because of K-1 visa status, she will not be able to come back to USA.

If this is for a family emergency, then she can schedule an INFOPASS appointment with your local USCIS office and see if they can grant her AP. The appointment is free and they can answer your question accurately.

[Khomer1964 0]

According to your timeline, she just arrived in the US last Friday. She got homesick really fast!

As others have already said, her visa is already expired. It's a single use visa, and she's already used it.

She can apply for AP at the same time she applies for the green card. It usually takes a couple of months to get the AP. If she leaves when she gets the AP then she should be flexible about her travel plans, and be prepared to come back if you are scheduled for a green card interview. She must not miss the interview.

She isn't homesick.

Her father is ill.

She wants to visit and see her family, yes.

but her father is not well, and god forbid, he takes a turn for the worst, she wants to be able to go back home to be with her family

If this is for a family emergency, then she can schedule an INFOPASS appointment with your local USCIS office and see if they can grant her AP. The appointment is free and they can answer your question accurately.

Ok, Thanks! thats the info i was looking for so i can tell her. I can call the USCIS but wanted to see what the members here knew about it.

Thanks!

[VanessaTony 3,567]

She isn't homesick.

Her father is ill.

She wants to visit and see her family, yes.

but her father is not well, and god forbid, he takes a turn for the worst, she wants to be able to go back home to be with her family

Ok, Thanks! thats the info i was looking for so i can tell her. I can call the USCIS but wanted to see what the members here knew about it.

Thanks!

FIRST you must file AOS, and with AOS file AP and EAD. She cannot get an expedited AP without first applying for AOS (well i think she can but it would be limited to when her I-94 expires so get married and file AOS. once you have the NOA1's then you can make an infopass appointment and expedite the AP. You will need evidence of her fathers illness.

Also, please add your "timeline" to your signature or "about me" page. It takes up too much room, esp if people forget to delete it when quoting you.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to AP **