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leaving the US before getting AOS

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Filed: K-1 Visa Country: Canada

I am in the Us on a K-1 Visa, I got married and then filed for my AOS, however I didnt file with the I-131 Advance Parole because I didnt think I would need it. I just got diagnosed with Sciatica, and I have been going for treatments at the doctor and the physical therapist...neither of which have worked and I am being told that I possibly have a bulged or herniated disc. I possibly may have to go for surgery and I only have travel insurance...which wont cover anything...i already called and argued with them about it for hours -_- I cant afford to continue to spend hundreds and hundreds of dollars for everything like this. the MRI that they need me to go and get done will cost me $450 more which I will do now..but If I need surgery I need to go back to Canada where I am from to get treated...should I be filing for my I-131 now or should I do it later...how long will it take. I dont want to leave my new wife and she cant come with me because she is in school. To top it all off we had a quick marriage when I arrived and now we are having another one in January so that my family and friends would have time to make arrangements to come down...this is all sooooooo frustrating. Does anyone have an advice...is there any loopholes that I can get through to sort this all out...how long will I-131 take to go through if I were to file it now? Or file it Later?

Please help!!!

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It will take approximately 90 days for your AP to be processed from when you file, the same as it would have taken if you had applied with your AoS.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Lift. Cond. (apr) Country: China
~Moved from General Immigration-Related Discussion to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca




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Filed: Timeline

You can try to get an Emergency AP by scheduling an INFOPASS appointment at your local USCIS office. Or you can file an AP application and request an expedite in your cover letter. Either way, you still need to get all the documents together, including medical documents that support your request for an expedite or Emergency AP.


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Filed: AOS (apr) Country: Australia

Surgery for a herniated or bulging disc is not an emergency procedure. You don't "have" to have surgery or an MRI either.

Why wouldn't you file for AP now, have your Jan wedding, then deal with it? For that matter, if you're already married, is there a reason you can't get insurance other than travel insurance?

5/2/14 - Marriage to USC (Australian citizen on E-3 visa)

6/20/14 (Day 0): AOS package received at Chicago Lockbox
6/24/14 (Day 4): Text notification of receipt (I-130, I-131 and I-765 "Initial Review", I-485 "Accepted")
6/30/14 (Day 10): Received NOAs and biometrics notice for 7/24
7/7/14 (Day 17): Walk-in biometrics at Pittsburgh ASC
7/30/14 (Day 40): Email update: I-485 has moved to "Testing and Interview" stage

8/20/13 (Day 61): Text notification: I-131 and I-765 approved, "Card Production" status

8/28/14 (Day 69): Text notification: EAD/AP card mailed

8/29/14 (Day 70): EAD/AP card received

9/10/14 (Day 82): Text msg of case update - interview date notice mailed

10/16/14 (Day 118): Interview - approved. Text update of "card production" status
10/20/14 (Day 122): Received welcome letter

10/23/14 (Day 125): Received green card

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You will need to re-establish your residency in Canada (probably 3 months) in order to be treated there.

Is this really true? Technically, residency hasn't been abandoned until the AOS is complete - you are only a temporary resident of the US, not a permanent one.

I am not sure how they would know that you aren't a Canadian resident...

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