AP questions -- have to travel

emrc1977

New Member
I am a foreign-national with a Canadian Permanent Residency, married to a USC, holding a B1/B2 Visa.

4/25/08 last entry to the US
10/25/08 I-94 expires


8/3/08 Mailed I-130, I-485, I-765
8/8/08 Received date
8/12/08 NOA date
8/15/08 NOA received 130, 485, 765
8/14/08 NOA date for FP
9/5/08 FP appointment
9/12/08 LUD for 1485 and 1765

I need to go back to Canada to take my citizenship exam which I filed on march08, this was done before I decided to come for a visit on april. I really didn't realize my husband will start processing the US sponsorship. I was suppose to write the canadian citizenship exam last sep22 by foregone it 'coz my US application is still pending. And I didn't realize there is a 131/AP form that I can file to travel. My problem started when I found out my Mother, whose citizenship application was filed concurrently with mine, was denied her interview for the reason that I am not present. Because I signed her application as the third-party who assisted her filling the form, I have to be present during her interview, meaning our application goes together. They gave me one more chance to take the exam, the same date as my mother's interview. It would be some time in November.

I just mailed my AP application today, 10/9/08. I am not sure if it will help me sort things out. I know I can't get out of the US with a pending AOS and no AP.

my questions are:

Could I still use my B1/B2 Visa to reenter, just in case, or it was voided wen I filed the I-485? My Visa is still good up to April 2009. I never had problems before but I know the pending application will affect me now. Could I still possible use it though?; or

Could I take the citizenship exam and take oath after a month and reenter with a Canadian Passport? This is assuming, I have enough time before my interview, which I have no idea when; or

Have my husband mail to me my approved AP in Canada so I can reenter. Is this possible? I always land in Buffalo, NY airport and travel by land to Ontario, Canada. The Canadian Border there never stamp entry on my passport. It's but as if I never left US. I'm not sure it this is still done, though.

i'm just surfing for more options.I will really appreciate any opinion. Thank you so much.
 
It makes no difference if your next entry is on your Canadian passport or your current passport and B-2 visa, your I-485 will be considered abandoned if you leave without an AP document.

Could I still use my B1/B2 Visa to reenter, just in case, or it was voided wen I filed the I-485? My Visa is still good up to April 2009. I never had problems before but I know the pending application will affect me now. Could I still possible use it though?; or

Could I take the citizenship exam and take oath after a month and reenter with a Canadian Passport? This is assuming, I have enough time before my interview, which I have no idea when; or
 
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