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Cee & Ed

Travel after AOS appointment

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Hi everyone, wondering if anyone has any experience with this grey area, I feel like my head is going to explode. It's not life or death but here we go 

 

My spouse's appointment for a green card is scheduled for 21 May, a year after applying for adjustment of status from K1. We are very thankful to have an appointment finally on the books!

 

He received his combined EAD and AP card September 2018. To celebrate, at the time we booked a trip to Cancun for May 22nd 2019 (we did travel to Mexico in December 2018 to visit his family. No issues). 

 

When we go the appointment notification for the 21st, we thought we dodged a bullet with the dates. Everything seemed perfect! Best case he's approved and we enjoy our trip, worst case he's denied, we go on our trip and stay together in México xD

 

looking more into it I am seeing that once your status changes after your interview, your AP becomes invalid (from what I understand?). I don't know what to do or think. Best case, we are approved on the spot and can request i-551 stamp? But if that doesn't happen, I don't know. I don't want to risk him traveling on AP if it's invalid/questionable or going to jeopardize the entire process. I feel very conflicted. Of course if it comes down to it we will not go on the trip, because this is much more important. 

 

I'm just trying to see what the possibilities are. We have been mentally planning this trip since 2017, paid over 2018, and are so close to realizing the break with our family and friends. We got great deals at a resort we won't be able to afford to visit again. I know in the end it's our responsibility and our choice to book, and I accept our fault. I am a bit sad because I thought we would be good through September 2019 as long as we were within the validity of his AP. Why do they have to invalidate it!!!!! I hope I don't sound ungrateful, we very truly are excited to finally have his appointment scheduled.

 

I've seen that some people play with rescheduling, that is allowed if it will interfere with planned international travel, but it's not really something I want to mess with. We could write the letter requesting to reschedule but with the delays no guarantee it would arrive in time or prove beneficial. Even if we did, the appointment is on the 22st and our flights are on the 22nd, does that technically count? I know this is nowhere near an emergency and don't even want to bother any officials with that excuse. I'm grasping wherever I can! 

 

Thank you guys for reading and for your time. I'll keep you posted on what goes on, in case any other lucky person finds themselves in this situation.

 

Cesar 

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Your analysis sounds good to me, and that thought process was what we went going through as well. The summary seems to be something like below if you do choose not to reschedule:

 

Possibility 1: you are approved and get a stamp (can go)

Possibility 2: you are approved and do not get a stamp on spot (technically can go? but I wouldn't)

Possibility 3: you are are denied (should not go)

Possibility 4: you are are neither approved nor denied (can go, but I wouldn't)

 

Having known all the facts and your best estimates, you have to make a tough decision...

You can think about what you can get (happiness, anxiety, monetary loss) from each of the possibilities and their likelihood to happen if you chose to

Plan 1 go ahead

Plan 2  reschedule the trip

Plan 3  cancel the trip

and think which plan makes most sense

 

Our situation is possibility 4: I was approved 140 days after the interview, during which USCIS could have made any decision. I did not travel after the interview because if their decision was "denial", which could have happened at any time after the interview. I would choose Plan 2/3 if I were in such a situation because I would rather to lose everything than having to go through IR/CR1...

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Hi Cesar,

We were crossing the border regularly with my wife's advanced parole, no issues. However, once she was approved for the greencard, we waited until she had the actual card in hand to cross again. The card arrived 8 days after her approval and 5 days after our account said it had been produced. We're both pretty wary of the process, so we decided to err on the safe side and not plan anything right away. We've noticed that the border patrol, at least for land entries, has had less and less patience for anything that seems like a grey area (even if it isn't).  That said, you and your spouse will know what feels right to you, and the i-551 stamp should do the trick.

 

I wish you both the best with your process!

 

 

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