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Filed: AOS (pnd) Country: Chile
Timeline
Posted (edited)

I'm very sorry to post such a question.  Perhaps I am just looking for some clarification, or just some reassurance.

 

I am a US Citizen, born and raised.  Recently I married my wife, who came here legally from South America with her family on an H-1B visa over 10 years ago and since expired.  DACA helped to allow her younger sister to renew her work/education visa through DACA, but unfortunately my wife barely missed the age cutoff and thus remained in the country without visa.

 

We married almost a year ago and have gone through all the steps (applications, biometrics) to apply her for permanent residency.  We recently received the I-512 Employment Authorization card in AUGUST and at the bottom it says "Serves as I-512 Advance Parole", which is my understanding that it is a work/travel combo card.  We then used this I-512 to apply for a social, which she also received just about a month ago.

 

It is my understanding that she is now automatically in the process of waiting to receive an interview appointment so as to obtain permanent residency.  Can someone confirm this?

 

While we wait, I am still worried to travel outside the country despite having the card, as it says USCBP can still stop us at the point of re-entry and refuse her if they'd like.

 

For this reason I was thinking of possibly taking her to Hawaii (we currently live in the Northeast and have frequented California several times), but I am STILL paranoid as it's not part of the continental US.

 

  • How worried should I be about her being stopped during "re-entry" from Hawaii into NYC?  I know you don't even need a passport to go to Hawaii, but I was still told there is CBP presence who carefully checks all identification.
  • What percentage chance would she be denied entry?  Again I don't want to take any risks if we are in the waiting process for our interview.

 

With all the new legislation and actions by President Trump, we cannot help but be fearful of her not being allowed back into the country for whatever reason, even if it is from a US territory like Hawaii.  Am I being paranoid for no reason?  Should this I-512 AP be 100% sufficient for travel to and from Hawaii?  Or should I just continue waiting for our appointment and then only leave the country once she's obtained her residency?

 

Thanks for bearing with me on this lengthily post.

Edited by John Tanglewood
  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
Filed: AOS (pnd) Country: Chile
Timeline
Posted
7 minutes ago, Dee elle said:

I use a TX Drivers licence when travelling domestically, but if she doesnt have a state DL, then she will need to use her passport, and carry the EAD/AP as evidence of lawful presence.. 

Due to the law passed by Pres Obama allowing immigrants to obtain Drive-Only Licenses (DO, not DL), she did obtain a  DO license so she could legally drive a vehicle.  And she was able to use that license for travel within the continental US.

 

With her having this, her home country passport, and her EAD/AP card, should we be OK going to and returning from Hawaii to NYC?

 

Thanks!

  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
Posted

I'm glad you realize you are being paranoid :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Filed: AOS (pnd) Country: Chile
Timeline
Posted
3 minutes ago, Suss&Camm said:

I'm glad you realize you are being paranoid :)

I'm sorry - again I am completely new at this.  

 

Does this mean it is a no-brainer that we should be OK to travel to a place such as Hawaii?  If the reply is sarcastic I'm fine with that - Just looking for people with experience/knowledge to help assure me of our situation.  Not trying to take any risks in this process.

  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
Posted
Just now, Dee elle said:

It takes some time to stop being paranoid I think!!!!

And the help of some people confirming one's suspicion of said paranoia :D 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Filed: AOS (pnd) Country: Chile
Timeline
Posted
1 minute ago, Dee elle said:

It takes some time to stop being paranoid I think!!!!

No one knows the complete story for any OP, but there is no reasonable fear of this travel with an EAD / AP Card for you, unless there are significant issues that haven’t been declared .... but no one can ever say never. 

Enjoy the trip!!!!! 😁

But of course - aside from her mother and father remaining in the US likely without updated Visa's, my wife has a 100% clean record and there would be no other reason for us to be paranoid about re admittance.

 

 

  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
Posted (edited)
4 minutes ago, John Tanglewood said:

I'm sorry - again I am completely new at this.  

 

Does this mean it is a no-brainer that we should be OK to travel to a place such as Hawaii?  If the reply is sarcastic I'm fine with that - Just looking for people with experience/knowledge to help assure me of our situation.  Not trying to take any risks in this process.

You should definitely be okay. The reason it's said that there are no guarantees on re-entering the country is cause, as mentioned, there never are. Unless there are crimes or similar things, ya'll will be fine. Anyone can also be pulled into secondary, that's also perfectly normal and nothing to stress about. People who should stress are people with something to hide or ineligibility of some sort etc.

Regarding Hawaii it's the same as flying anywhere in the mainland. Go and enjoy your holiday :)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
15 minutes ago, John Tanglewood said:

Due to the law passed by Pres Obama allowing immigrants to obtain Drive-Only Licenses (DO, not DL), she did obtain a  DO license so she could legally drive a vehicle.  And she was able to use that license for travel within the continental US.

1.  Drivers Licenses are controlled by STATE authority, not by anything Obama did.

2.  As of 2016, only 12 states issued allow DO licenses.

 

EDIT:  I'm just saying that a DO license would probably not serve as a REAL ID credentials for flying..

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: AOS (pnd) Country: Chile
Timeline
Posted
46 minutes ago, missileman said:

1.  Drivers Licenses are controlled by STATE authority, not by anything Obama did.

2.  As of 2016, only 12 states issued allow DO licenses.

 

EDIT:  I'm just saying that a DO license would probably not serve as a REAL ID credentials for flying..

Apologies for my ignorance on that!  I should have specified that the DO is for Connecticut!

 

And actually we have been able to travel with her just using her DO as identification (I myself have Global Entry), but I understand this won't last.  In either case she always carries her South American passport.

  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
Filed: Citizen (apr) Country: Australia
Timeline
Posted
58 minutes ago, missileman said:

I'm just saying that a DO license would probably not serve as a REAL ID credentials for flying..

An EAD is a REAL-ID compliant ID for Federal purposes. A driver's license from a REAL-ID compliant state marked 'Not for Federal Identification' is not REAL-ID compliant.

https://www.tsa.gov/travel/security-screening/identification

 

http://www.ct.gov/dmv/cwp/view.asp?a=805&q=547216

Can I use my Drive Only license for identification?
No.  Drive Only licenses are only valid for driving purposes and cannot be used as identification.  In addition, Drive Only licenses are not valid for identification for voting purposes.

 

I would recommend using the EAD at TSA as it is REAL-ID compliant. The timeline for enforcement of REAL-ID compliant documents (especially for TSA checkpoints) seems to always be shifting.

Filed: Other Country: Saudi Arabia
Timeline
Posted (edited)
5 hours ago, John Tanglewood said:

I'm sorry - again I am completely new at this.  

 

Does this mean it is a no-brainer that we should be OK to travel to a place such as Hawaii?  If the reply is sarcastic I'm fine with that - Just looking for people with experience/knowledge to help assure me of our situation.  Not trying to take any risks in this process.

There is no reason here to be paranoid.  She is going to want to travel on Passport/EAD/AP.  You guys have a fun trip!

Edited by Nitas_man
Filed: AOS (apr) Country: Canada
Timeline
Posted

 

8 hours ago, John Tanglewood said:

I'm sorry - again I am completely new at this.  

 

Does this mean it is a no-brainer that we should be OK to travel to a place such as Hawaii?  If the reply is sarcastic I'm fine with that - Just looking for people with experience/knowledge to help assure me of our situation.  Not trying to take any risks in this process.

also, if you are looking to travel to Hawaii it is a US sate, so no issue there!!!!

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
13 hours ago, John Tanglewood said:

Apologies for my ignorance on that!  I should have specified that the DO is for Connecticut!

 

And actually we have been able to travel with her just using her DO as identification (I myself have Global Entry), but I understand this won't last.  In either case she always carries her South American passport.

Have fun!!! Enjoy Hawaii 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Kenya
Timeline
Posted
20 hours ago, John Tanglewood said:

I'm very sorry to post such a question.  Perhaps I am just looking for some clarification, or just some reassurance.

 

I am a US Citizen, born and raised.  Recently I married my wife, who came here legally from South America with her family on an H-1B visa over 10 years ago and since expired.  DACA helped to allow her younger sister to renew her work/education visa through DACA, but unfortunately my wife barely missed the age cutoff and thus remained in the country without visa.

 

We married almost a year ago and have gone through all the steps (applications, biometrics) to apply her for permanent residency.  We recently received the I-512 Employment Authorization card in AUGUST and at the bottom it says "Serves as I-512 Advance Parole", which is my understanding that it is a work/travel combo card.  We then used this I-512 to apply for a social, which she also received just about a month ago.

 

It is my understanding that she is now automatically in the process of waiting to receive an interview appointment so as to obtain permanent residency.  Can someone confirm this?

 

While we wait, I am still worried to travel outside the country despite having the card, as it says USCBP can still stop us at the point of re-entry and refuse her if they'd like.

 

For this reason I was thinking of possibly taking her to Hawaii (we currently live in the Northeast and have frequented California several times), but I am STILL paranoid as it's not part of the continental US.

 

  • How worried should I be about her being stopped during "re-entry" from Hawaii into NYC?  I know you don't even need a passport to go to Hawaii, but I was still told there is CBP presence who carefully checks all identification.
  • What percentage chance would she be denied entry?  Again I don't want to take any risks if we are in the waiting process for our interview.

 

With all the new legislation and actions by President Trump, we cannot help but be fearful of her not being allowed back into the country for whatever reason, even if it is from a US territory like Hawaii.  Am I being paranoid for no reason?  Should this I-512 AP be 100% sufficient for travel to and from Hawaii?  Or should I just continue waiting for our appointment and then only leave the country once she's obtained her residency?

 

Thanks for bearing with me on this lengthily post.

Wow..where does one start? Your post as so many misunderstandings it is mind boggling...

 

1. Hawaii is one of the States of The USA. You do NOT need immigration clearance.

 

2. Re:

It is my understanding that she is now automatically in the process of waiting to receive an interview appointment so as to obtain permanent residency.  Can someone confirm this?

Yes.

 

3. President Trump like other Presidents is ENFORCING the law...this should have been done by previous administrations more strictly!! Your EAD/AP card is fine for a) Employment b) Travel out of the USA within a reasonable time c) Services as an ID for DMV purposes and others...

 

Hope this helps

 

Filed: AOS (pnd) Country: Chile
Timeline
Posted
On 11/4/2017 at 1:24 PM, NYCruiser said:

Wow..where does one start? Your post as so many misunderstandings it is mind boggling...

 

1. Hawaii is one of the States of The USA. You do NOT need immigration clearance.

 

2. Re:

It is my understanding that she is now automatically in the process of waiting to receive an interview appointment so as to obtain permanent residency.  Can someone confirm this?

Yes.

 

3. President Trump like other Presidents is ENFORCING the law...this should have been done by previous administrations more strictly!! Your EAD/AP card is fine for a) Employment b) Travel out of the USA within a reasonable time c) Services as an ID for DMV purposes and others...

 

Hope this helps

 

Hi,

 

I don't believe there was any misunderstanding - I stated that Hawaii is part of the US but they also do have a USCBP presence.  

 

Thanks so much for your feedback as to the interview appointment!

  • AOS Filed - 5/2/17
  • Bio Appt - 6/2/17
  • EAD Filed - 6/16/17
  • EAD Received - 8/23/17
  • AOS Interview - 12/14/17
  • AOS Request for More Evidence- 2/27/18
  • New Evidence Submitted At Infopass - 3/16/18
  • Called Hartford Office and spoke with Director about timeline - 4/26/18
  • New Card Being Produced - 4/26/18 (system updated in wrong order)
  • I-130 & I-485 Approval Update! - 4/30/18
  • GREEN CARD RECEIVED - 5/4/18
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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