Awaiting PD but need to travel

I

IAG

Registered Users (C)
My status is F2 with a PD of July 30, 2002. I am tired of waiting for my date to arrive so I am thinking of heading back to UK. Does it make sense to leave and try to come back on visitations? Should I wait in UK till my PD arrives then complete the paperwork there? Would there be any severe penalty for leaving the US while awaiting my PD to arrive?

Your insightful advice will be highly appreciated.
 
IAG said:
Should I wait in UK till my PD arrives then complete the paperwork there? Would there be any severe penalty for leaving the US while awaiting my PD to arrive?
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There's no penalty for leaving if you haven't filed an I-485; heck, most immigrants never set foot in the US until their PD comes.
 
Thanks for that info. If I leave and during the time I am still awaiting my PD to come due, will I be allowed re-entry into the US with a VW? Is there a visa I can apply for separate from the VW?
 
Actually I am out of status. I was originally on a H1-b and that ran out a long time ago.
 
IAG said:
Actually I am out of status. I was originally on a H1-b and that ran out a long time ago.
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Then you have an absolutely HUGE problem, since you are most likely subject to the 10-year re-entry bar and are not covered by 245i. Do not leave the US under any circumstances, and see an attorney.

I doubt you will be able to get your Green Card under Fb2.
 
Thanks for that TheRealCanadian. I wasn't sure what the implication will be if I leave as I am tired of not being gainfully employed. I doubt if I will encounter too much hassle filling for my GC if I continue to stay as I've seen numerous people in similar circumstances have their status adjusted successfully.
 
IAG said:
I doubt if I will encounter too much hassle filling for my GC if I continue to stay as I've seen numerous people in similar circumstances have their status adjusted successfully.
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Yes, if they were immediate relatives of US citizens or were able to claim 245i relief. You fall under neither category.
 
So if my spouse becomes a USC, I will be ok, right? If not, and I attempt to file based on my PD then I will have problems?

So what is my best option at this time?
 
Stay or flee....but the ban is your master

IAG said:
So if my spouse becomes a USC, I will be ok, right? If not, and I attempt to file based on my PD then I will have problems?

So what is my best option at this time?
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IAG,

First I hope you don't support Chelsea or Liverpool... :p On a serious note, you best option is if you are married to a US citizen, then your PD becomes current as there is no need to wait for a visa number to become available.

As the RCanadian mentioned, once you leave the US, you are subject to a 10 year ban. :( I know you have a WVP, but it won't help you in the future when you come to the US, because you will be turned back at the Port of Entry. As much as I know how it feels to sit at home, you ought to weigh this frustration with the thought of not being able to visit the US till 2017 :eek:

Sadly, if you leave the US now, and you get married to a US citizen in the UK, she won't be able to petition for you till 2017,because of the ban that the US govt would have imposed on you, even though you aren't subject to visa number limitations. :eek: However, if you get married now here in the US, there is a high probability that your greencard situation will be settled before the end of this year, if your DO is faster. As such, you can travel to the UK all you want, without the fear of never being allowed back into the US... :rolleyes: Also, once you leave the US, no waiver exist that can get you back into the country. :confused: Please, I am not advocating you get married to evade the immigration laws of the US.

One exception, you become the PM of England... or MP in the House of Commons... :p

I
 
AlS, thanks for the pointers. I didn't realize how much of jam I was about to put myself in if I had gone ahead with my plan.

The good thing is the one I am married to is almost about to become a USC except that the DO that handles the Ohio region is slow as hell. I don't know how long it will take to complete the process but hopefully it shon't be too long.

BTW, both Chelsea and Liverpool suck :p.
 
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