Moving while AOS is still pending; use of Advance Parole while awaiting GC

[J&K. 0]

Hello all,

My husband and I are about to move to a different state and I have a couple questions that the USCIS helpline has not been able to answer. Before scheduling an info-pass appointment, I thought I'd ask if maybe anyone here has had a similar experience..

Our situation is as follows. I entered on a K1 visa and we got married within the 90 days. We sent in the I-485 application on the last day my i-94 was valid (Jan 22) and received NOA1 date Jan 28, 2013. The field office that is processing my i-485 (Kansas City) is currently processing file dates of Oct 31, so I guess we're at least 3 months out still.. The field office (Oklahoma City) that they would have to transfer my paperwork to once we move is currently processing file dates of Oct 21.

My question is once we move, do I keep my initial NOA1 filing date (Jan 28) or will I end up at the bottom of the stack as a June something?

Anyone gone through the same thing, moving while AOS was still pending? Any tips and insight much appreciated! Not moving is not an option for us, since my husband is in the military.

Also, I do already have my combination EAD/Advance parole card. I would really like to make a trip back to the Netherlands to visit family, but I'm uncomfortable with the idea of using the advance parole because of the 6 day gap between I-94 expiration date and NOA1 date. I think they call this unlawful presence? I know that if you accrue over 180 days and leave/try to reenter the country, you will be banned for 3 years. However, I can't find any official statement by USCIS about what happens if you have less than 180 days of unlawful presence. I have seen some posts here on visajourney of people successfully using advance parole with uccrues unlawful presence of less than 180 days, but I've also read posts of CPB officers not even recognizing the combination EAD/Advance Parole card. Just weighing risks and benefits..

Anyone have recent experience using Advance Parole (with accrued unlawful presence less than 180 days) to a European country?

Sorry for the lengthy post.. Looking forward to hearing your thoughts/experiences!

Edited June 8, 2013 by J&K.

[KayDeeCee 4,893]

You have no reason to fear using the AP due to unlawful presence. So you can stop worrying bout that aspect. The EAD/AP combo cards have been issued since Feb. 2011. They are not new, so I would imagine they have been seen at most airports over the last 2 years.

If you did not receive notice that you will have an interview at your local USCIS office, then your case is still at the NBC. Put in your change of address as soon as you move, and call to confirm the address change after that.

Your case will either stay at the NBC and be approved without interview, or be sent to your local USCIS office for interview. Since it has been 5 months already since you filed, it is likely your case will stay at the NBC an be approved without interview. It is of course still possible it will be transferred to your local office, but it won't necessarily be.

Edited June 8, 2013 by Jay-Kay

[J&K. 0]

Jay-Kay, thank you for your reply! I apologize for responding back to you this late.. It's been quite hectic with the move.

I changed my address with USCIS online and over the phone for my I-485 application and have received a confirmation letter from them stating my address was updated in their system as well as for my pending application.

As for the status of my application.. I didn't even know it was possible to just get your GC sent to you without an interview, so thank you for shedding some light on the matter. One thing that is somewhat confusing is that the NBC doesn't state processing times for I-485.. A quick search on google/VJ showed it can take up to 9 months this way, whereas having an interview would be faster..? Can you confirm?

If I travel back home, it would be sometime between mid-August and mid-September (7 months into waiting for GC). Apart from not having to worry about 6 days of unlawful presence, are there any other issues that could complicate traveling? What happens if they issue me my GC while I'm abroad? I'm less worried about them scheduling me for an interview, because I would just fly back in that case.

Also, what exactly does it mean to be paroled back into the U.S.? Does it mean you are allowed back in without being issued a new I-94?

Thanks in advance for the help and insight.

[KayDeeCee 4,893]

Yes, it seems those getting interviews are being approved faster than those that are approved without interview.

If you are approved for the green card while out of the country, I believe you should have no problem using your AP to re-enter. You can do a search here on VJ and see that it has happened and the AP will still get you back in.

You will get a new I-94. They are automated now, so I assume they will stamp your passport with a paroled entry stamp. Take your I-94 from your K-1 entry out before leaving and keep it, just in case you have an interview. You can find your new I-94# when you return from this site> https://i94.cbp.dhs.gov/I94/request.html

[J&K. 0]

Awesome, thanks again for the information.

[J&K. 0]

I was wondering.. Are there any consequences to keeping your I-94 when you leave? Perhaps they don't outweigh the consequences of not having the original I-94 (at the interview) from when I entered on K-1?

[KayDeeCee 4,893]

I was wondering.. Are there any consequences to keeping your I-94 when you leave? Perhaps they don't outweigh the consequences of not having the original I-94 (at the interview) from when I entered on K-1?

You can also make front and back copies of it and surrender it when you leave, if asked to. If you have an interview, you can take the copy and let them know you turned in the original when you traveled outside the US. That is if they even ask for it at the interview. They did not even ask for nor take my husband's EAD or I-94 at his AOS interview.

[Harpa Timsah 13,258]

I was wondering.. Are there any consequences to keeping your I-94 when you leave? Perhaps they don't outweigh the consequences of not having the original I-94 (at the interview) from when I entered on K-1?

I was advised by CBP to keep the original I-94 to present at interview. My husband took his I-94 out of his passport when he left the country on AP. He had a note with him about why but no one noticed or cared.

[J&K. 0]

Good information, thanks! I will hang on to my I-94 just in case. I have stayed in the U.S. on a student visa years ago. When I left, I wasn't aware I had to surrender my I-94 and the airline personnel didn't take it. I had no issues re-entering the States using the VWP after that. Totally different situation though, the thought of making some silly mistake that interferes with my admissibility/approval of AOS really just makes me feel ill. Hope that GC gets here soon!

[J&K. 0]

I thought I'd let you guys know.. My husband and I stopped by a CBP deferred inspection office yesterday to verify if I'm going to be ok traveling. As suspected, yes I'm good to go!

I presented him my passport/I-94, EAD/AP combination card, I-485 NOA1, and marriage certificate. I also told him about the 6 days of unlawful presence. He had never seen the combination card, but when he read it serves as I-512 Advance Parole, he was fine with it. He suggested I take a copy of my husbands passport as well, so they wouldn't have to verify that he's an American citizen. He said the unlawful presence wasn't a concern, "we followed all the steps (marriage, AOS application, AP)" and according to him I shouldn't have any trouble re-entering the country. He said they would be able to see that my I-485 is pending and I have all the necessary documents to travel (passport, EAD/AP card, copies of noa1, marriage cert, hubby's passport). Also, my husband is in the military and he implied that military does get special treatment (at least to some extent) and that they shouldn't give me a hard time. If I were in his line, he said I'd be through quickly and easily. I understand each CBP officer might be different, but I think slipping in my military I.D. with the rest of the paperwork won't hurt

Anyway, thanks again for all the help and information... Looks like I'm going to Holland!!!!!

I hope this is helpful to others who are in a similar situation as well