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Can I travel while in process on I130 and AOS?

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Filed: Citizen (apr) Country: Malaysia
Timeline

Hi all,

Apologies if there is something in the thread for this but I promise, I searched and could not find any. Below is my current situation.

  1. I am currently on L1A visa. It is still valid (company just renewed a few months ago, but my visa stamp has expired. So means I can not leave the country and come back until I get the visa stamp renewed at a US embassy outside the US.
  2. We have already started/sent out the I130 and AOS. Biometrics done, just waiting for other notifications.
  3. My current passport is about to be expired (about 6 more months to go) and I should really renew it.

My questions are:

  • With the I130 and AOS in process, would it be OK for me to travel out of the country for work? (I can tell my company that I will not travel if this is a problem)
  • If it is not a problem to travel, I will then also work on my visa stamp while i am out of the country. But this also means that I will have a new passport because I absolutely need to renew due to almost expired date (need at least more than 6 months for new visa stamp). This then means that my passport number will be changed. Would this be a problem with the current I130 and AOS in process?

Thank you all in advance for your help!

Additional resource: USC marrying a foreign national already in the US - http://www.immigrate2usa.com/practiceareas/non-immigrant-visas/marrying-a-foreign-national-1.asp

Mar 01 2011 : Entered US on Company L1B visa

Mar 01 2014 : Changed visa to Company L1A

Aug 01 2014 : Married USC (L)

-=Adjustment of Status=-

Day 00 - Sep 30 2014 : Submitted I-130 and I-485 via UPS

Day 02 - Oct 02 2014 : UPS confirm delivery

Day 08 - Oct 08 2014 : Received NOA1, NOA2 via email and text and all check provided was cleared.

Day 14 - Oct 14 2014 : Received NOA1, NOA2 hardcopy in the mail

Day 16 - Oct 16 2014 : Received Biometrics Appointment letter (10/30/2014)

Day 30 - Oct 30 2014 : Biometrics done

Day 80 - Dec 19 2014 : Received Interview Appointment via email (01/22/2015)

Day 82 - Dec 22 2014 : Received Interview Appointment in the mail (01/22/2015)

Day 113 - Jan 22 2015 : Interview at 7:30AM and was approved on the same day, received notification via email/text that application approved.

Day 118 - Jan 28 2015 : Received notification that Green Card has been mailed.

Day 120 - Jan 30 2015 : Received Green Card in the mail.

-=Removal of Condition=-

Day 00 - Nov 02 2016 : Submitted I-751 via UPS

Day 03 - Nov 05 2016 : USPS confirm delivery

Day 05 - Nov 07 2016 : NOA receipt date

Day 07 - Nov 09 2016 : Check cleared for fee and biometrics

Day 10 - Nov 12 2016 : NOA received in mail

Day 18 - Nov 20 2016 : Biometrics notice date

Day 21 - Nov 23 2016 : Biometrics appointment received in mail dated 11/20/2016

Day 35 - Dec 07 2016 : Biometrics appointment

Day 354 - Oct 22 2017 : Approved (No interview)

-=Naturalization=-

* Application done online and payment via credit card

Day 00 - Nov 08 2019 : Submitted N-400 via Online application

Day 07 - Nov 15 2019 : Received NOA receipt in mail

Day 13 - Nov 21 2019 Biometrics appointment received in mail dated 11/15/2019

Day 28 - Dec 06 2019 Biometrics appointment

Day 49 - Dec 27 2019 Received email for scheduled interview

Day 55 - Jan 02 2020 Scheduled interview date received in mail dated 12/27/2019

Day 88 - Feb 04 2020 Interview and Test (8:00 AM) 😃 (approved on the spot! Waiting for Oath Ceremony Date)

Day 89 - Feb 05 2020 : Had to take photo and finger prints again as system was down during interview and test (7:15 AM at same location as interview).

Day 89 - Feb 05 2020 : Received email and text from USCIS that Oath Ceremony date/time/location details has been mailed out.

Day 110 - Feb 26 2020 : Oath Ceremony (8:00 AM)!  🎉🎊🇺🇸 - Registered to vote + applied for U.S Passport!

 

 

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Filed: Lift. Cond. (apr) Country: China
Timeline
Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: AOS (apr) Country: Australia
Timeline

Do you have advance parole or are you planning to travel and reenter on the L visa?

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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Filed: Citizen (apr) Country: Malaysia
Timeline

Planning to re-enter with L visa.

Additional resource: USC marrying a foreign national already in the US - http://www.immigrate2usa.com/practiceareas/non-immigrant-visas/marrying-a-foreign-national-1.asp

Mar 01 2011 : Entered US on Company L1B visa

Mar 01 2014 : Changed visa to Company L1A

Aug 01 2014 : Married USC (L)

-=Adjustment of Status=-

Day 00 - Sep 30 2014 : Submitted I-130 and I-485 via UPS

Day 02 - Oct 02 2014 : UPS confirm delivery

Day 08 - Oct 08 2014 : Received NOA1, NOA2 via email and text and all check provided was cleared.

Day 14 - Oct 14 2014 : Received NOA1, NOA2 hardcopy in the mail

Day 16 - Oct 16 2014 : Received Biometrics Appointment letter (10/30/2014)

Day 30 - Oct 30 2014 : Biometrics done

Day 80 - Dec 19 2014 : Received Interview Appointment via email (01/22/2015)

Day 82 - Dec 22 2014 : Received Interview Appointment in the mail (01/22/2015)

Day 113 - Jan 22 2015 : Interview at 7:30AM and was approved on the same day, received notification via email/text that application approved.

Day 118 - Jan 28 2015 : Received notification that Green Card has been mailed.

Day 120 - Jan 30 2015 : Received Green Card in the mail.

-=Removal of Condition=-

Day 00 - Nov 02 2016 : Submitted I-751 via UPS

Day 03 - Nov 05 2016 : USPS confirm delivery

Day 05 - Nov 07 2016 : NOA receipt date

Day 07 - Nov 09 2016 : Check cleared for fee and biometrics

Day 10 - Nov 12 2016 : NOA received in mail

Day 18 - Nov 20 2016 : Biometrics notice date

Day 21 - Nov 23 2016 : Biometrics appointment received in mail dated 11/20/2016

Day 35 - Dec 07 2016 : Biometrics appointment

Day 354 - Oct 22 2017 : Approved (No interview)

-=Naturalization=-

* Application done online and payment via credit card

Day 00 - Nov 08 2019 : Submitted N-400 via Online application

Day 07 - Nov 15 2019 : Received NOA receipt in mail

Day 13 - Nov 21 2019 Biometrics appointment received in mail dated 11/15/2019

Day 28 - Dec 06 2019 Biometrics appointment

Day 49 - Dec 27 2019 Received email for scheduled interview

Day 55 - Jan 02 2020 Scheduled interview date received in mail dated 12/27/2019

Day 88 - Feb 04 2020 Interview and Test (8:00 AM) 😃 (approved on the spot! Waiting for Oath Ceremony Date)

Day 89 - Feb 05 2020 : Had to take photo and finger prints again as system was down during interview and test (7:15 AM at same location as interview).

Day 89 - Feb 05 2020 : Received email and text from USCIS that Oath Ceremony date/time/location details has been mailed out.

Day 110 - Feb 26 2020 : Oath Ceremony (8:00 AM)!  🎉🎊🇺🇸 - Registered to vote + applied for U.S Passport!

 

 

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Filed: Citizen (apr) Country: Malaysia
Timeline

I did not request for an AP since I already have a valid L visa to travel. My only concern was if I leave, I would then have to renew my passport and that in turn will mean that I have a new passport number which different from the one that I have submitted in the forms. I could always keep the old passport as proof if needed, idk.

Additional resource: USC marrying a foreign national already in the US - http://www.immigrate2usa.com/practiceareas/non-immigrant-visas/marrying-a-foreign-national-1.asp

Mar 01 2011 : Entered US on Company L1B visa

Mar 01 2014 : Changed visa to Company L1A

Aug 01 2014 : Married USC (L)

-=Adjustment of Status=-

Day 00 - Sep 30 2014 : Submitted I-130 and I-485 via UPS

Day 02 - Oct 02 2014 : UPS confirm delivery

Day 08 - Oct 08 2014 : Received NOA1, NOA2 via email and text and all check provided was cleared.

Day 14 - Oct 14 2014 : Received NOA1, NOA2 hardcopy in the mail

Day 16 - Oct 16 2014 : Received Biometrics Appointment letter (10/30/2014)

Day 30 - Oct 30 2014 : Biometrics done

Day 80 - Dec 19 2014 : Received Interview Appointment via email (01/22/2015)

Day 82 - Dec 22 2014 : Received Interview Appointment in the mail (01/22/2015)

Day 113 - Jan 22 2015 : Interview at 7:30AM and was approved on the same day, received notification via email/text that application approved.

Day 118 - Jan 28 2015 : Received notification that Green Card has been mailed.

Day 120 - Jan 30 2015 : Received Green Card in the mail.

-=Removal of Condition=-

Day 00 - Nov 02 2016 : Submitted I-751 via UPS

Day 03 - Nov 05 2016 : USPS confirm delivery

Day 05 - Nov 07 2016 : NOA receipt date

Day 07 - Nov 09 2016 : Check cleared for fee and biometrics

Day 10 - Nov 12 2016 : NOA received in mail

Day 18 - Nov 20 2016 : Biometrics notice date

Day 21 - Nov 23 2016 : Biometrics appointment received in mail dated 11/20/2016

Day 35 - Dec 07 2016 : Biometrics appointment

Day 354 - Oct 22 2017 : Approved (No interview)

-=Naturalization=-

* Application done online and payment via credit card

Day 00 - Nov 08 2019 : Submitted N-400 via Online application

Day 07 - Nov 15 2019 : Received NOA receipt in mail

Day 13 - Nov 21 2019 Biometrics appointment received in mail dated 11/15/2019

Day 28 - Dec 06 2019 Biometrics appointment

Day 49 - Dec 27 2019 Received email for scheduled interview

Day 55 - Jan 02 2020 Scheduled interview date received in mail dated 12/27/2019

Day 88 - Feb 04 2020 Interview and Test (8:00 AM) 😃 (approved on the spot! Waiting for Oath Ceremony Date)

Day 89 - Feb 05 2020 : Had to take photo and finger prints again as system was down during interview and test (7:15 AM at same location as interview).

Day 89 - Feb 05 2020 : Received email and text from USCIS that Oath Ceremony date/time/location details has been mailed out.

Day 110 - Feb 26 2020 : Oath Ceremony (8:00 AM)!  🎉🎊🇺🇸 - Registered to vote + applied for U.S Passport!

 

 

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A new passport number will not be a problem for AOS.

Travel on a valid L-1 visa while maintainingn the conditions of L-1 status is generally ok and will not cause AOS to be considered abandoned. However, if I were in your position I might be concerned about relying on the consulate to issue you a new visa. I would probably consult an immigration attorney before leaving.

Note also that there is no fee and no downside to filing I-131 and I-765.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Filed: AOS (apr) Country: Australia
Timeline

Considering EAD and AP are free, it surprises me when people don't apply for them just in case something happens with their current work visa.

In your case, if you get a new PP number, just carry both passports. You are allowed to travel on still-valid L visa while AOS is processing without abandoning the AOS. You'd have to take both to your AOS interview also if it has a different number than the one you applied with.

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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