I131 not in hand - travelling soon

[azzouzze 0]

Hello,

I am married to an american citizen and my AOS was approved. I hold my working permit and am actually working.

I applied to an I131 which was approved but I never received the notification.

So far we are planning to visit my familly in France and they said I won t receive it before I leave.

What document should we take with us to prove our status ?

Will I be refused to re-enter the country ?

Will they stop my green card case ?

thank you for your help.

[Harpa Timsah 13,258]

If your AOS was approved you cannot use a I-131 AP anymore anyway. Are you asking about a Reentry Permit? If you have your Greencard in hand, you no longer need a working permit or a I-131.

Please clarify so we can respond more accurately.

[azzouzze 0]

Hello maybe I made a mistake.

I received my working permit and asked for re-entry permit through I131 that had been approved but never received.

thank you

[DT22511 0]

If you applied for Employment Authorization and Advance Parole and received your EAD card then you have received the document. USCIS made a change a few months back to combine the two. If you look at your EAD card then you will see it written at the bottom "SERVES AS I-512 ADVANCE PAROLE"

My husband and I just came back from England using his advance parole and we had a bit of an issue in customs. Unfortunately the officer he went to was no aware of the change and kept asking for the AP document which obviously he didnt have because it doesnt exist anymore! So they sent him to secondary where luckily the agent there knew of the change and he was good to go....You will be allowed back in (providing you didnt overstay more than 180 days?) but just be aware that not all the immigration officers are informed of the change!

[Harpa Timsah 13,258]

Yes, check to see if your EAD card has "Serves as Advance Parole" on it. It might not - not all people have been getting them, and if they are applied for a separate times then they won't be together. If it does say that, then you are all set, but I gather from your story it does not - though maybe you didn't notice it yet.

OP - You CANNOT leave the country without automatically abandoning your AOS if you do not have I-131 in hand. You will not be let back in, and your AOS application will be denied automatically. You need to wait until you have your approved I-131 or your Greencard in hand. If you leave you will have to start over with a spousal visa which takes 10-12 months to be approved. Sorry.

You could try to make an INFOPASS and show them that your AP I-131 was approved and get them to print out the paper for you.

Good luck.

[azzouzze 0]

So guys thank you for your help.

My card says Serve as I512 Advance Parole.

And I checked with the USCIS again that it is a combined card issued when you applied for both together.

for more information regarding the I766 ( combined card )

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Adv-parole-ead-12-21-10.pdf

thank you.

[Harpa Timsah 13,258]

Well there you go! Everything is all set to travel. Bon voyage!

[UnIqUe 4]

Hello,

I am married to an american citizen and my AOS was approved. I hold my working permit and am actually working.

I applied to an I131 which was approved but I never received the notification.

So far we are planning to visit my familly in France and they said I won t receive it before I leave.

What document should we take with us to prove our status ?

Will I be refused to re-enter the country ?

Will they stop my green card case ?

thank you for your help.

You must carry Green card along with you when you leave the US. It is safe to travel outside the country until 6 months. If your plan is over 6 months, you might take I-766 (combo card) for re-entry. Hope it helps.

[azzouzze 0]

Hello

Thank you for your response.

You just missed that I do not hanve received a green card yet.

I only have the I766 combo card.

Thank you