Traveling outside the US without an advance parole

[Speedysam 2]

Will traveling outside the US void the whole  I485 application or just I131? 

[payxibka 10,044]

Just now, Speedysam said:

Will traveling outside the US void the whole  I485 application or just I131? 

Everything 

[Unidentified 2,930]

3 minutes ago, Speedysam said:

Will traveling outside the US void the whole  I485 application or just I131? 

If you travel without permission your application is automatically denied. The whole thing. 

 

If travel is that urgent and you have a valid reason go to your local office and ask for an emergency advance parole. You need to bring proof of an emergency and it has to be a real emergency like a dying family member. 

[aleful 1,905]

ditto

 

that's why you need an advance parole, it will allow you to travel while your case is pending, if you leave without it, you will forfeit and cancel your petiton

 

 

[Sm1smom 242]

AOS petition is deemed abandoned with travel without an approved AP card. 

[Speedysam 2]

The USCIS case status still showing pending.

is it possible to transfer the application to the native country or should I wait for the denial letter and re apply for adjustment of status at the consulate 

[Unidentified 2,930]

Just now, Speedysam said:

The USCIS case status still showing pending.

is it possible to transfer the application to the native country or should I wait for the denial letter and re apply for adjustment of status at the consulate 

It will be considered abandoned and dead. You will now have to start over. How did you get here? Through marriage? Then it would be a spousal visa. 

[Hypnos 6,576]

Adjustment of status is done from inside the US. If you abandon the process by traveling without AP then the I-485 will be denied. 

 

If an I-130 has been filed then that can continue and be approved, and you can continue to pursue an immigrant visa through it. If no I-130 has been filed then that would be the first step in this new process. 

[Speedysam 2]

I am a US citizen and filed an immigration petition for my immigrant wife about 3 months ago that included I130. About a week ago my wife left the country without an approval of her advanced parole. She did not overstay her visa. She holds a 10 year visitor visa. When transferring the application to a consular process. Does she need to apply for a different type of visa to re Enter the US while the application is pending 

[TBoneTX 43,058]

Thread is moved from General Immigration Discussion to the Working & Traveling forum -- topic is travel.

[Roel 7,191]

8 minutes ago, Speedysam said:

I am a US citizen and filed an immigration petition for my immigrant wife about 3 months ago that included I130. About a week ago my wife left the country without an approval of her advanced parole. She did not overstay her visa. She holds a 10 year visitor visa. When transferring the application to a consular process. Does she need to apply for a different type of visa to re Enter the US while the application is pending 

Too late.

You need to apply for spouse visa now. ETA 12 - 14 months.

She doesn't have tourist visa anymore. That was canceled when she filled for AOS.

 

There is nothing you can do now. AOS - abandoned and canceled. She will NOT be allowed back in the US without a proper spouse visa.

Shame. She screwed up this situation pretty badly.

Edited February 18, 2019 by Roel

[Just Paul 4,591]

13 minutes ago, Speedysam said:

Does she need to apply for a different type of visa to re Enter the US while the application is pending 

File a new I-130.  She abandoned her AOS and the tourist visa was cancelled. 

 

Wait the time it takes to process.

[Ash.1101 1,755]

She will need to do a spousal visa now.

Note that the reason that the whole Green Card app is deemed void is that she can NOT leave before approved AP. They can and will see that her departure date from the US happened before the AP was approved.

[Ben&Zian 4,397]

Yup.

[Speedysam 2]

What is the process of transferring her approved and pending  I130 to a consular process.