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Really need help - traveling over Christmas 2011

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Hi there,

So I have contacted a lawyer through my work and wanted to get a second opinion - I searched the boards for lawyer help in NYC but saw that most people really encourage everyone to handle this on their own. As such - I'm hoping you guys can help. I have made many mis steps in the process and this is my current situation.

I have an E3 visa extension which I did not realize did not permit me to travel (I have had two E3s in the past and have always traveled on them.) With an extension you give up the E3 if you leave. However, I was booked to fly home out of the U.S. for Christmas 2011.

While on my E3, I married a US citizen and I filed the I-130 and I-485 with a priority date of Nov 10. I thought it would come through much more quickly and am only just realizing it will take 5 months or more. So I have a biometrics appointment for December but did not realize I would wait another 2-3 months for an interview.

As such I alerted my work and lawyer today and they are advising that I do not travel at all. Their advice (all of which I am unsure of):

1) You can't file for another E3 while abroad (which I intended to do once I realized my extension would finish if I left.) Because you are married the E3 will not be granted.

2) You can't leave because you don't have Advanced Parole, which will take 60 days to get.

3) If you leave, you can't work when you get back because you won't have an EAD. That takes 90 days to get.

I'm really disappointed because it was going to be my husband's first trip to my home, and also because we have already paid for both tickets. Thirdly, it's Christmas! Any advice or second opinions are much appreciated. I know I messed this all up by not filing in advance for AP and EAD - I just never realized I had to or that my E3 extension would become invalid.

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My second opinion -

The lawyer is correct. No LoopHoles for you.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !


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Agreed. Once you file the AOS, the previous visa became invalid. You won't be able to travel under the E3 status anymore. If you leave the US without the AP document, your AOS will be considered abandoned, and not only will you lose all the money you put in this process, but you won't be able to return to the US. You would have to stay in your home country and file for the CR-1 visa, which takes around 9 months to get.

Unfortunately I don't see more than two options for you..

1. Cancel the trip, spend holidays in the US, and don't travel until you have the greencard

2. Leave and abandon your AOS

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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