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ballair21

Travel with pending I-131

By ballair21 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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ballair21 Newbie

ballair21   0

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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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K1visaHopeful Experienced

K1visaHopeful   2,655

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Filed: Lift. Cond. (apr) Country: Canada
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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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ballair21 Newbie

ballair21   0

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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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Crazy Cat Grand Master

Crazy Cat   39,191

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Filed: Citizen (apr) Country: Taiwan
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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.

"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.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

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.. 
 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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Speedysam Rookie

Speedysam   2

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Filed: AOS (pnd) Country: Colombia
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Thank you for your service Man.

write a letter to your Senator and Congressman.

They are the legislative branch and make the laws. We need new immigration laws. 

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