drewhimself

First, let's presume your J-1 visa is not subject to the two year home residency requirement. Otherwise, you aren't eligible for either AOS or advance parole.

There are certain classes of visas that do not require advance parole, and the intending immigrant can leave and reenter the United States without abandoning their adjustment of status application. These are H, L, V, and K3 or K4. Unfortunately, J visas are not exempt. If you leave before you AOS is approved, and you don't have advance parole, your AOS application will be considered abandoned.

If your J-1 visa is still valid, and you've otherwise complied with the requirements of the J-1, then you may be able to reenter using that visa, but you'll need to start over with the AOS, which includes paying the fee again. If your J-1 visa is no longer valid then you'd have to remain in your home country and wait for the I-130 to be approved, and then pursue a CR1 visa. Unless you have to leave in the next day or two, you should try to get an emergency advance parole.

You can request an emergency advance parole by scheduling an infopass appointment at your local USCIS field office.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

The instructions say to bring the I-131 fee with you, but you shouldn't need to pay a fee if you have a pending I-485. Bring the I-797C receipt notice for the I-485 and you should be able to submit the I-131 without paying the fee. Get your passport style photos before going to the appointment.

Go here to schedule the infopass appointment:

http://infopass.uscis.gov/

Great, thanks for the info. I was actually on an F-1 visa, so I'm not subject to the home residency requirement.

The instructions for the I-131 form say that you need supporting evidence. Do you know if I need evidence in this case?

Having filed for adjustment of status (I got married and was on an F-1 student visa), my case is currently pending and I am waiting for my biometrics appointment etc. I just heard from home that my mother is very sick and I really need to go back to be with her and my Dad. I know you can apply for advanced parole but I obviously did not do this as when I filed my paperwork, she was fine.

Has anyone gone through anything like this? Is there any way I can get permission to visit home in this situation?

Any info would be greatly appreciated.

Andrew

Everyone goes through this and you just have to "deal with it" as you said.

A piece of advice though,check your state requirements for a licence. There was a story about a guy in your situation in california, who was pulled over driving on his Canadian licence (he ran a pedestrian crossing or something like that) and he admitted he was living in California with his wife and had been for months. California law states he need a California licence after residing in California for 10 days. He said he was waiting on AOS, still, he admitted he LIVED in California that means he's a resident of CA, which means he can ONLY drive on his CA licence (but he couldn't get one.. just like you). He had to go to court, paid a $3K fine and something else i think.

Moral of the story, you're a VISITOR until you get your greencard. Until the US says you're a LPR, you're just visiting, and therefore allowed to drive on your foreign licence. It sucks but it's better than a fine :S

I see, so basically you're saying should I ever get pulled over I say I am just a visitor waiting for my AOS as opposed to I actually 'live' in NC and am waiting for my AOS.

Yeah, it does actually expire on August 31. I used to have a MD license that didn't expire until 2012 or something, but when I moved to NC I had to get a new license, and here they base the expiration date around the visa expiration.

All

Having married my American wife 8 weeks ago, my green card paperwork has all been filed and I have received the notice of action. I was previously on an F-1 visa which expires on the 31 August this year. Because of this, my North Carolina driver's license also expires at the end of this month. After taking a trip to the driver's license office and a couple of calls the the NC DMV, I have been told that without any paperwork showing 'legal presence' with an expiration date on it I am not allowed to renew my license. I am also not even allowed to get an NC Identification card for the same reason. Luckily I can drive using my valid United Kingdom license (I confirmed this with the DMV and my insurance company) but am without any valid documents proving my age and address. I am going to have to use my passport to prove I am over 21, but as we all know, that is far from an ideal situation.

It just seems very bizarre that the US government says I cannot leave the country until my case has been processed but the state of North Carolina says they don't recognize me as being a legal alien and cannot issue me with any identification in the meantime. Talk about a vicious circle!

Has anyone else encountered this problem? Is there any advice out there or do I just have to deal with it until I receive my green card/I-551 stamp?

Regards, Andrew

Dear all

I am on an F-1 visa and recently got married to a US citizen. I am applying for AOS and am unsure about which box to check in Part 2 of the I-485 form.

Any help is much appreciated!

Andrew

Just wanted to post an update to my message. We are now engaged and are starting to plan the wedding. Because my visa ends in the beginning of August we are trying to do the wedding in June or July to ensure there is still time left on my visa afterwards. However, finding a venue and planning the whole thing at such notice is proving very difficult. It appears that getting married in August will be much easier for us. Is it a problem if I slightly overrun my visa before applying for AOS? What are the chances my application will be refused? If not, how long can I overrun before applying? Has anyone had any such experience?

Regards, Andrew

Hi all

This may seem like a stupid question but what does OPT and EAD stand for?

We were actually together when I came out on my F-1 visa (I had previously been a J-1 visa, then came back on the F-1) but did not plan to marry. Do you foresee that being a problem?

Just to confirm, if we get married, say 6 weeks before my visa expires, then I apply for AOS, I will be allowed to stay after my F-1 expires while the paperwork is being processed?

Thanks. My visa ends in next August, will we need to get married months before that to ensure the paperwork is processed before it expires?

Hi all

I am from England and am currently on an F-1 student visa. Me and my American girlfriend have been together for 3 and a half years and plan to get married next summer (before my F-1 visa expires). I am looking for any information on whether I should apply for a change of status to a K-1 visa before getting married or just get married and start the green card process afterward.

I am not particularly worried about being approved due to the length of time we have been together, but I want to make sure I do things in the right order. Any advice on this and what forms I will need to complete will be much appreciated!