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Jessica&Shawn

Travelling After Green Card is Approved, But Not Yet Received?

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My husband (currently on K-1 visa) and I are really hoping to travel to Canada at the beginning of July to visit his family and to attend a music festival. He applied for Advance Parole in April, but hasn't received approval yet. However our AOS interview is scheduled for June 26th, and from what I understand when he is approved as a permanent resident he is permitted to travel without restriction, and AP is no longer required. However it also sounds like it takes around a week or longer for the physical green card to actually arrive by mail. That could be after the deadline of when we want to leave in order to attend the festival.

 

So my question is, if he's approved, but the actual green card doesn't arrive before we need to leave for Canada, will he have any issues re-entering the U.S.? I don't see how his travelling abroad could cause a denial/abandonment of the application since it would have already been approved at that point (granted the interview goes well!), but I want to make sure the presence of the K-1 visa in his passport wouldn't cause him denial of entry back to the U.S. when we return. Does the USCIS offer any proof of approval at the interview that we could present if needed?

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Posted (edited)

In my opinion, it would be foolish to leave the US prior to having approved AP or actual Green Card IN HAND.  Do you really want to take that chance?

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Apart from the complexity and risk (may or may not be considered an abandonment with approved GC) with the travel, he will have no valid documents to return back to US without a GC or an AP.  So he will be denied the entry to US. An approval notice is not a valid travel document.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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  1. The above advice is dead on.
  2. There's no guarantee they will approve AOS right away, even if the interview goes perfectly. Until you get the card, anything can happen.
  3. If AOS is not approved, even if you interviewed, the INA is clear that the AOS application is to be considered abandoned upon exit if you don't have AP approved already.
  4. It's very risky to try to re-enter the US with only a canceled K-1, no AP, no green card in hand, etc. Technically they can look up his status and grant him in that way if you travel by land (or get a boarding foil at an embassy abroad if flying), but it's absolutely not worth the risk.
  5. You've got to ask yourself one question: Do I feel lucky? Do you, punk?

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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13 minutes ago, Jessica&Shawn said:

My husband (currently on K-1 visa) and I are really hoping to travel to Canada at the beginning of July to visit his family and to attend a music festival. He applied for Advance Parole in April, but hasn't received approval yet. However our AOS interview is scheduled for June 26th, and from what I understand when he is approved as a permanent resident he is permitted to travel without restriction, and AP is no longer required. However it also sounds like it takes around a week or longer for the physical green card to actually arrive by mail. That could be after the deadline of when we want to leave in order to attend the festival.

 

So my question is, if he's approved, but the actual green card doesn't arrive before we need to leave for Canada, will he have any issues re-entering the U.S.? I don't see how his travelling abroad could cause a denial/abandonment of the application since it would have already been approved at that point (granted the interview goes well!), but I want to make sure the presence of the K-1 visa in his passport wouldn't cause him denial of entry back to the U.S. when we return. Does the USCIS offer any proof of approval at the interview that we could present if needed?

As others have said on here and I will reiterate DO NOT LEAVE THE COUNTRY WITHOUT AP OR GC IN HAND. If he leaves then he will have no way to get back in to the country.

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8 minutes ago, Jessica&Shawn said:

Okay, thank you everyone for the advice. We won't travel without a green card or AP in hand.

I think that is a wise decision.  I know you don't want to have to file a CR-1...........good luck...


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Dont travel without GC or AP.  I got 4 copies of APs just in case and I only used one of them.  It's best to have them just in case. They will either take it and stamp it, or just wave you in,  That was what happened to me.  I never had my AP stamped when I was visiting my family in Canada, but you don't know you are dealing with on that day.  

 

When I became an American Citizen last August, but I didn't have my passport and my GC was surrendered at the oath ceremony.  I had to miss my dad's 70th birthday party.  But it's my own fault for postponing my citizenship too long (I was eligible to become an American Citizen in 2012, but I waited until last year to apply when my GC expired).

 

GC tends to be mailed within a couple of months.  I remember when I went in for final biometrics on May 5, then on June 6, I was informed via text, saying that the card has been mailed.  Got my card on June 9 or 10.  So it may be 1 to 2 months before the card is being mailed.  So don't leave the country.   See if they can give you AP at the interview, otherwise, stay put until then.

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