Traveling while in process

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rdenzel

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I'm a USC we are getting all of our documentation ready to file for my wife's AOS, etc. She entered legally on a visitor's visa and has not overstayed. She can stay until Aug 6th on this visa.

She needs to travel back to her former country and we are going to apply for the permit to travel (I-131).

1. Does she need to leave before August 6th so that she has not overstayed? The I-130 and/or I-485 will have been submitted by then, but I doubt we have enough time and want to make sure she stays legal.

2. Is there a way to get the permit to travel and reenter faster? How can this be expedited? She would actually like to leave the US in the middle of August, but we are concerned about the timing of the interview AND the timing of receiving her permit to reenter.

3. What will happen if they schedule some sort of interview or in person meeting while she's out of the country? She would be gone approximately one month to six weeks.

Thanks for the help!
 
rdenzel said:
1. Does she need to leave before August 6th so that she has not overstayed? The I-130 and/or I-485 will have been submitted by then, but I doubt we have enough time and want to make sure she stays legal.
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With I-130 and I-485 submission (along with the necessary associated paperwork), she can stay in the US legally while the I-485 is pending.

Is there a way to get the permit to travel and reenter faster? How can this be expedited? She would actually like to leave the US in the middle of August, but we are concerned about the timing of the interview AND the timing of receiving her permit to reenter.
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The Advance Parole (make sure not to apply for a reentry permit!) is almost always issued within 2-3 months. So August shouldn't be a problem.

What will happen if they schedule some sort of interview or in person meeting while she's out of the country? She would be gone approximately one month to six weeks.
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Somebody needs to monitor her US mailbox and notify her of any appointments. Then she must either return to the US soon enough to make the appointment, or request it to be postponed (which is risky because sometimes that results in extreme delays).
 
Update: My wife received her EAC today! She also got her initial interview appt letter. The appt is scheduled for Sept 7th.

We were advised to try to wait until her green card was approved to travel, so we're hoping that she gets that soon.

She was recently informed of an event back in her old country on Sept 15th that she's like to travel back to, if possible. At this stage are there options to get permission to travel? Some say that we can go back and make an Infopass appt and get expedited permission to travel, but we don't want to rock the boat and screw anything up!
 
She didn't apply for Advance Parole? Why not? If she leaves the US before the AP or green card is approved, her I-485 will be canceled.
 
Thanks. What options does she have to get that permission?

File for Advanced Parole by mail?

Some people have said that at this stage, you can apply in person and have it expedited OR that after the interview (assuming all is good at the interview) that you can get immediate permission to travel while the actual Green Card is being processed.
 
rdenzel said:
Thanks. What options does she have to get that permission?

File for Advanced Parole by mail?
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That's what most AOS applicants do when they file the I-485. Unless they overstayed so long that the Advance Parole would be useless. She didn't overstay, so what prevented her from applying for Advance Parole months ago?

Some people have said that at this stage, you can apply in person and have it expedited OR that after the interview (assuming all is good at the interview) that you can get immediate permission to travel while the actual Green Card is being processed.
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As far as "permission to travel" without the GC is concerned, that's either the Advance Parole itself, or green card approval in the form of an I-551 stamp in her passport.

If the interview ends with a verbal approval, ask the interviewer if she can get an I-551 stamp so she can travel in September. She should buy the ticket and show the interviewer.

Expediting the AP would be very hit-and-miss. They're not likely to have much sympathy for her situation given that she could have applied for it months ago. But she'd have to try for it anyway if she doesn't get the I-551 stamp.
 
Jackolantern said:
That's what most AOS applicants do when they file the I-485. Unless they overstayed so long that the Advance Parole would be useless. She didn't overstay, so what prevented her from applying for Advance Parole months ago?
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She was pretty "nervous" about the whole process and chose not the add yet another form to her pile of forms since she wasn't looking (back then) to travel soon.

Our friend of a friend attorney calmed her by telling her she'd likely get the GC by end of Sept, but that also said that every piece of paper/form/request is an opportunity for a mistake, additional question, delay, or RFE, so.... She chose the safest and quickest overall route.

Jackolantern said:
As far as "permission to travel" without the GC is concerned, that's either the Advance Parole itself, or green card approval in the form of an I-551 stamp in her passport.

If the interview ends with a verbal approval, ask the interviewer if she can get an I-551 stamp so she can travel in September. She should buy the ticket and show the interviewer.

Expediting the AP would be very hit-and-miss. They're not likely to have much sympathy for her situation given that she could have applied for it months ago. But she'd have to try for it anyway if she doesn't get the I-551 stamp.
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Very good! I'll talk to her about getting the ticket and having it ready for the interview!
 
I-485 denied but I-130 approved

Jackolantern said:
She didn't apply for Advance Parole? Why not? If she leaves the US before the AP or green card is approved, her I-485 will be canceled.
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Well, this is my issue with my husband case, his I-130 was approved but I-485 denied because he had left the US without applying for advance parole. Which we didn't know about, I thought since he has a visitor visa with multiple entry it wouldn't be a problem. But now, the letter says he has 30 days to leave the country, I dont know what to do. I can't afford a lawyer or the I-485 fee right now. Please, any advice for me....
 
The advance parole usually comes very late and not really worth the hassle of using it.. Better wait for the actual GC.
 
jennydes said:
Well, this is my issue with my husband case, his I-130 was approved but I-485 denied because he had left the US without applying for advance parole. Which we didn't know about, I thought since he has a visitor visa with multiple entry it wouldn't be a problem. But now, the letter says he has 30 days to leave the country, I dont know what to do. I can't afford a lawyer or the I-485 fee right now. Please, any advice for me....
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First thing you can do is start your own thread instead of hijacking this one.
 
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