Visa Journey User

Thank you to the people who have helped with my questions so far.

My SO arrived in April and we were married on an I129F/K1, we immediately sent in the paperwork for I485/AOS, and she applied for an I131/Reentry Permit at the same time, as well as the EAD. My SO received confirmation of having received the I485 for processing May 10th, and has just received a letter saying her biometrics appointment is June 16th. That is at the York office, and our USCIS office is Philadelphia.

My SO and I have both been accepted into graduate programs in Europe. The plan was to continue processing the GC until she received it, and then she would come join me in Europe (where I had already started the program around the beginning of September). That means that if I leave soon, I would have to make a trip back for the GC interview. For Philadelphia it looks like roughly 150 days on this site, but the USCIS processing page lists 1 year. That means the earliest the appointment could happen would be near Christmas, but it would likely be later. And since she applied for a reentry permit and not advance parole, she would have to wait in the US while the AOS processed before the interview, after which time she could leave and use the reentry permit to come back.

Since she has to start her program too, that is too long to wait. Perhaps if she had filed an I131 for advance parole instead of a reentry permit, she would be able to leave while still waiting for the interview, but then it would need to be switched to a reentry permit anyway because of the school commitment in Europe. I asked about filing for both AP and reentry, but don't yet know the answer to that question.

I'm wondering if the better thing to do here is change the AOS to consular processing and just complete it in Europe. She would then still have the reentry permit (I'm assuming), allowing her to travel back and forth with me, with a green card, while we both attend school. Basically we would get around this temporary issue of processing and not being able to leave before the GC interview, and would just have the interview in her home country where we will be anyway, which is France by the way. I'm fighting hard to try to get AP and reentry, because I'm trying to keep the process flowing in the US. Perhaps what's better is just concede that processing abroad would be smarter since we'll be abroad, and switch it with an I824.

If that sounds right, would I just file an I824, followed by an AC140? What time frame would I be looking at for that change?

My SO is in AOS, and has filed an I131 reentry permit, but we actually need to leave the US before the GC interview. I believe having submitted for AP would have been the correct approach, since we want her and I to be able to come back and get into the US to attend the GC interview. She will have the biometrics appointment in a week and a half, but the processing time for interview from date of biometrics is over 6 months. That will be much too long to not go back to her home country.

Can you apply for 131 for AP and Reentry Permit?

Ok, so it is possible. What if the program runs longer than 2 years? Would she be able to renew her reentry permit before the 2 year mark, possibly by returning to the USA, then leave again to go back to Europe?

Also, is this reentry permit the best/only way? Is there a way to suspend the AoS process for a defined time, or is this basically it?

Thanks to everyone for the help on this site thus far.

I am an American citizen who married a European national a few months ago on an I-129F here in The United States. We filed for AoS after the wedding, and it has been processing for a little over a month. The issue I am faced with is that I have just received an offer for a graduate program in Europe. It would not start until the fall.

Is it possible to continue the AoS/GC process if my wife comes with me to Europe? We can return on a somewhat regular basis for holidays. We will maintain a bank account, car, house, etc, in the USA while in Europe; we have every intention to come back to live in the USA after I am done.

I have investigated some information on the USCIS website about extend trips out of the USA with a green card. I expect the green card to be approved by the time I leave, thought if it isn't, my spouse could wait for the extra time for approval. There are also some forums the USCIS website mentions for extended stays outside the USA while on a GC to maintain resident seeking status.

I'm sure this isn't the first time this has happened. I scoured the forums but come up empty handed. What is the protocol for going this route? Are there any forms/systems in place for continuing resident seeking status while temporarily abroad with an American spouse?