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Pertster

Traveling while adjustment of status

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Hello all!

 

I entered the states a week ago on my K-1 and my fiance and I are getting married next monday! Happy times :)

 

My brother-in-law will be having his wedding in Jamaica come January. Everyone, myself included, hope that I could attend. The issue is that during this time I will most likely be in the adjustment of status phase. If there is risk involved with traveling, we are not going to take the risk. The problem is that we are unable to get a definitive answer on whether or not I can i can travel during this time. 

 

I asked the embassy in Helsinki during my interview, and the person interviewing me was very optimistic, and said I could even travel back to the states on an esta.

 

Does anyone here have experience / knowledge on this matter? Whether or not there is risk involved? I appreciate any and all help :).

 

Happy thanksgiving all

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7 minutes ago, Pertster said:

 

I asked the embassy in Helsinki during my interview, and the person interviewing me was very optimistic, and said I could even travel back to the states on an esta.

#######, no.

 

You need advanced parole to travel or else your adjustment is considered abandoned if you exit the US.

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Well you can of course leave but without AP you would be abandoning your adjustment.

 

You could certainly seek to visit the US subsequently using the VWP.

 

If you want to immigrate you would need a CR1 takes about 15 months.


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29 minutes ago, Pertster said:

I asked the embassy in Helsinki during my interview, and the person interviewing me was very optimistic, and said I could even travel back to the states on an esta.

Either that CO is dumb as a box of rocks, or there was a misunderstanding between the two of you as to what was said.

 

I mean, yeah, you can leave the US---never an issue with leaving the country....but you wouldn't be able to get back in to resume your AOS unless you have an advanced parole document.


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37 minutes ago, Pertster said:

My brother-in-law will be having his wedding in Jamaica come January. Everyone, myself included, hope that I could attend. The issue is that during this time I will most likely be in the adjustment of status phase. If there is risk involved with traveling, we are not going to take the risk. The problem is that we are unable to get a definitive answer on whether or not I can i can travel during this time.

If you leave without Advance Parole you will abandon the Adjustment of Status; thus the only option would be to follow @Boiler's advive above. Chances are your Advance Parole document or Green Card will not be approved before January, based on processing timelines: https://www.visajourney.com/timeline/apstats.php and https://www.visajourney.com/timeline/aosstats.php Also, USCIS does not consider weddings as an emergency reason to expedite Advance Parole: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel


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It is unlikely that you will have Advance Parole by January as you haven't even filed the Adjustment of Status paperwork along with your AP and EAD (Work Permit) paperwork.

 

You must not leave the US without AP. I only just got mine and I filed in July. Don't risk it. Sorry :(

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3 minutes ago, TM92 said:

If you leave without Advance Parole you will abandon the Adjustment of Status; thus the only option would be to follow @Boiler's advive above. Chances are your Advance Parole document or Green Card will not be approved before January, based on processing timelines: https://www.visajourney.com/timeline/apstats.php and https://www.visajourney.com/timeline/aosstats.php Also, USCIS does not consider weddings as an emergency reason to expedite Advance Parole: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Thank you for your response :). Looks like the wedding is off the menu, that sucks. But like I said, thanks for the help. I appreciate getting definitive answers :) 

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until you have AP you can NOT exit the US and reenter.

 

you will not have it by january


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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Welcome to America. For K-1 visa holders, think of America as the Hotel California: you can check out any time you want, but you can never leave.

 

At minimum you need an Advanced Parole document. Some immigration attorneys suggest even then that can be high risk. https://mmhpc.com/2017/02/travel-warning-for-all-individuals-with-advance-parole-documents/ 

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7 minutes ago, Mike E said:

Some immigration attorneys suggest even then that can be high risk. https://mmhpc.com/2017/02/travel-warning-for-all-individuals-with-advance-parole-documents/ 

That's mostly hoopla (e.g. using draft EOs that are no longer being considered at the moment) to drum up business; traveling with AP is low risk*.

*Obligatory disclaimer that only US Citizens are guaranteed entry to the US

Edited by TM92

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The main issue with traveling with AP is in the event the I-485 is denied while abroad. Fixing it while in the US may be fairly simple. Fixing it while abroad may be impossible and result in needing to start over with the immigrant visa process instead.


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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*~*~*moved from “K-1 fiancé visa process and procedures” to “working and traveling”*~*~*

 

It’s too late for the OP now, but for anyone reading who is still in the early stages of their visa journey it’s worth pointing out that the K-1 is the wrong visa if international travel is of importance to the applicant. The CR-1 spousal visa would have permitted this. One of the many advantages of the CR-1. The quickest way into America isn’t always the best way...


 

 

 

 

 

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