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ballair21

Travel with pending I-131

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Hello Everyone,

 

Simple question here: My wife is from Switzerland and immigrating to the United States. We filed our I-485 and I-765 in August 2018. We filed the I-131 on Jan 30, 2019. My wife needs to travel in the beginning of March. We understand that she needs an approved I-131 to travel. If she leaves, and stays out of the country until I receive it in the mail, can I just mail it to her in Switzerland, and then she would be good to go? What are the consequences if any, of doing this? From everything I read, the problem isn't leaving, it's getting back in. Thanks for any insight!

 

ballair21

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7 minutes ago, ballair21 said:

Hello Everyone,

 

Simple question here: My wife is from Switzerland and immigrating to the United States. We filed our I-485 and I-765 in August 2018. We filed the I-131 on Jan 30, 2019. My wife needs to travel in the beginning of March. We understand that she needs an approved I-131 to travel. If she leaves, and stays out of the country until I receive it in the mail, can I just mail it to her in Switzerland, and then she would be good to go? What are the consequences if any, of doing this? From everything I read, the problem isn't leaving, it's getting back in. Thanks for any insight!

 

ballair21

No you cannot. The moment she leaves the US (and her exit will be recorded by CBP), her AOS application will be considered abandoned as she did not have an approved I131.

 

https://tingenwilliams.com/2018/leave-country-while-adjustment-of-status-processing/28184

 

 

"Time Limit

One important thing to note is that you need to wait for official I-131 approval before leaving the country. Failing to do so could result in a forfeited application, which could leave you stuck outside the country without another way in."

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K1visaHopeful,

 

Thanks for the response. This is incredibly discouraging. It has already been 2 years of headaches during this immigration process.

 

I guess I just ask myself why? Why does this country make peoples lives so difficult? My wife has a PhD and hasn't been able to do squat with it, because she met me and fell in love. I'm active duty military, and you would think they would help us out. I don't want to make it sound like our situation is more deserving of others, but I'm honestly just frustrated to no end with this prisoner mentality of containing people during this. Like, why can't I just go down to the local USCIS office and explain the situation and they approve a temporary pass or something?

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10 minutes ago, ballair21 said:

K1visaHopeful,

 

Thanks for the response. This is incredibly discouraging. It has already been 2 years of headaches during this immigration process.

 

I guess I just ask myself why? Why does this country make peoples lives so difficult? My wife has a PhD and hasn't been able to do squat with it, because she met me and fell in love. I'm active duty military, and you would think they would help us out. I don't want to make it sound like our situation is more deserving of others, but I'm honestly just frustrated to no end with this prisoner mentality of containing people during this. Like, why can't I just go down to the local USCIS office and explain the situation and they approve a temporary pass or something?

She could apply for emergency parole.....if the reason is applicable.  Otherwise, she needs her I-131 approved prior to exiting the US.  Every method of immigration (AOS, K-1, CR-1, etc.) has its own advantages and limitations.  This entire process requires a GREAT deal of knowledge, planning, time, patience, and money.  Good luck.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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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1 hour ago, ballair21 said:

I guess I just ask myself why?

Better question is why do the K-1 path if traveling (or working) is important?

There are pros and cons of the paths you choose.

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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