after filing I-130 and leaving the US?

M

mrconfused

Registered Users (C)
Hi,

im married to a US citizen and were about to file the I-130 and the adjustment of status (as im lead to believe is correct)?

However i will need to be heading back to the uk for a short time in late april and were now wondering whether i will have the correct permission to re-enter the US while all the paperwork is being processed? Is it sufficient to re-enter with the paperwork of a pending petition or once i have left would i need to apply for a visa (even though i have already filed the I-130) we will be filing it next week and i have until the middle of april before i need to get to the uk?

is the permission to travel neccessary? I notice on the uscis site that its taking almost 4 months (las vegas) just to approve the permission to travel and work authorization. If this is granted while i am out of the country how could i get back in?

im sorry this is all random but were really confused so any help will be appreciated.
 
What is your current status in the US? If it is anything besides H-1B or L-1A/B then you need advance parole before you leave the US, in order to re-enter successfully. Your pending I-485 will be considered abandoned if you leave without AP.
 
Hello,

Thanks for the reply!

I entered on the visa waiver programme. How long does it take to get the advance parole and what are the steps to abtaining this?

Many thanks,
 
When did your VWP stay expire? If you have already gone 180 days past your I-94W expiry, then you need to stay put and not even apply for an AP.
 
hi,

my visa waiver will not expire until late april. We are trying to decide whether to file the adjustment or just the I-130 because i will need to be in the uk for late april either way. I understand that leaving before the adjustment is granted will invalidate it but what would happen to the I-130?

would we be better off waiting and applying for the spouse visa when im back in the uk?
 
so we can file the petition while im here in the US and if it has not been approved before I leave can it just be forwarded on to me? Im not sure what form an approved I-130 looks like? Is it a form or a card? If its granted and sent out to my US addres can it be forwarded on to me in the uk and be used to reenter the US?

Thanks for your help
 
what is you are granted asylum and you have filed 485 AOS through your spouse as well who is USC? The asylee has a US Travel document that is concurrently being processed at a different service center.
 
what is you are granted asylum and you have filed 485 AOS through your spouse as well who is USC? The asylee has a US Travel document whose 485 AOS that is concurrently being processed at a different service center(Nebraska)
 
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