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Igor&Veronika

Travelling while waiting for adjustment of status

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Hi There,

Im in great need of an expert advice from the good people of Visa Journey website!

My wife and her daughter entered the US as tourist 1.5 years ago.

We got marries 4 month later and I have filed concurrently I-130, I-131, I-864, G-325, I-485, I-864, I-765 paying a small fortune for it all.

Applications went to the Nebraska Service center.

Since then we went thru finger printing and received an employment authorization.

It been over a year now and we got nothing. An official status request didnt help.

Basically they sent us a canned reply saying that at this time they cannot provide any information.

My wife desperately needs to leave the country to attend her terminally ill relative.

My understanding is that if she leaves now she wont be able to come back.

What can be done, if anything, to secure her reentry.

Your help is greatly appreciated.

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Hi,

is the I 131 Advance Parole already expired? She can use that if not.

If you have been waiting more than a year means that something is wrong and the mail is lost. Have you change address during that year?

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~~Moved to Working and Traveling, from K1 forum- As they are adjusting from Tourist visas and need to leave the US~~

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Thank you all for you kind replies. Employment authorization card at the bottom reads "serves as I-512 advance parole"

Based on my understanding it by itself does not allow reentry after travel abroad. What do I need to do to get her back.

PS my apologies for posting in the wrong forum - I have no idea where we are status vise :)

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Thank you all for you kind replies. Employment authorization card at the bottom reads "serves as I-512 advance parole"

Based on my understanding it by itself does not allow reentry after travel abroad. What do I need to do to get her back.

PS my apologies for posting in the wrong forum - I have no idea where we are status vise :)

She could use the card to travel outside of the U.S. and will be paroled into the states within the validity of the card. I used mine last summer to travel back to Hk. Upon returning, I waited in the visitor queue. An immigration officer took me for secondary inspection ( checking if my i485 is still pending ) and stamped my passport with a PAROLE stamp( which is cool cuz it's different from regular passport stamp ). The only issue I had was the customs guy saw the parole stamp on my declaration ticket and loudly said " Ohhhhhhh. You are on PAROLE ?" Many people waiting in line heard that and I just hoped they dont think I am a criminal.

Anyway , she's safe to go and safe to return of course

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Subwayguy, many thanks for your encouraging reply! It sounds like it is safe to travel but how about her 6 year old doughter? I filed two I-131s for wife and dautger but received only one EAD for my wife. Since the child does not have an EAD card how can she travel?

Again many thanks to everyone for your help!

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Thank you all for you kind replies. Employment authorization card at the bottom reads "serves as I-512 advance parole"

Based on my understanding it by itself does not allow reentry after travel abroad. What do I need to do to get her back.

PS my apologies for posting in the wrong forum - I have no idea where we are status vise :)

Yes it is alone is enough to be readmitted to the US after traveling abroad. Your wife is free to visit her relative.

One more thing: If her EAD/AP card (a.k.a. combo card) has her married name on it but her passport still has her maiden name, she should carry a certified copy of marriage certificate with her as well as a proof that both name belongs to her.

You can change your "immigration status" on your profile by clicking on your username in the upper right corner, then "My Settings" --> "Profile Settings" (General Account Settings) ---> "Immigration Info" -----> "Immigration Status" ----> select "Adjustment of Status (pending)". Please change this because you are not adjusting from K1 visa, and your current status is pending AOS.

Good luck!

Edited by YouAndMeForever

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A repeat post that spams the forums has been removed.

VJ Moderation


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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