I-485 pending, travel-URGENT-help!!

noodlegirl

New Member
Hello,

I came to the US in Jan 2012 on a K1 Visa, I married in February 2012, I filed my I-485 along with Employment authorization at the same time. I received a notice asking for more evidence of my husbands income. He had been out of work 6 months the year before but became permanently employed in May 2012 by the company he'd been temporarily working for since December 2011. My husband had also been putting his checks into my mother-in-laws account since they were living together. The last thing we received from the USCIS was a notice saying it had been transferred for processing. I received my employment authorization in Oct/Nov 2012 and shortly after a SSN.

My husband just recently won a business trip at work, which requires going abroad. I contacted the NSC on February 26th asking for a case status, the representative put int a referral and said it was outside of processing times. It was referred to the wrong office whom referred it to the California Service Center.

I contacted the NSC again and this time the representative put me through to customer service.

Both me and my husband really want me to go on this business trip. I read about getting a travel document and if you provide copies of tickets etc and ask for expedite they may do it quicker for you but then I also read something about being inadmissible if you have been unlawfully in the US for 180 days or more, but I'm not illegal am I if I'm waiting on a pending green card.

I just need some advice on this and information.
 
Both me and my husband really want me to go on this business trip. I read about getting a travel document and if you provide copies of tickets etc and ask for expedite they may do it quicker for you but then I also read something about being inadmissible if you have been unlawfully in the US for 180 days or more, but I'm not illegal am I if I'm waiting on a pending green card.

If you were unlawfully present in the past it could make you inadmissible even though you're legally present right now.

I assume you didn't have any significant overstay (over 180 days) in the past before arriving with the K1 visa, otherwise they wouldn't have approved the visa and allowed you to enter the US. So the relevant question is whether you filed the I-485 more than 180 days after the 90-day limit of the K1 visa. Based on your story it looks like you didn't delay the I-485 filing for that long, so you'll be OK as far as that is concerned.

Now you need to apply for Emergency Advance Parole. See this page http://www.uscis.gov/portal/site/us...nnel=4c790a5659083210VgnVCM100000082ca60aRCRD and scroll down to "Emergency Advance Parole Documents". When you go to the immigration office to request it, bring what they listed on that page, along with a letter from the company about his travel requirement, and your passport, marriage certificate and I-485 receipt notice.
 
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