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Legal H3 status, ok to leave US after submitting AOS?
- Thread starter Makwa
- Start date
Jackolantern
Registered Users (C)
What is the basis of your AOS? Marriage to a US citizen?
If you are eligible for AOS, you will need Advance Parole to exit* and reenter the US. H3 doesn't give you the same travel flexibility during AOS like H1B and H4.
*they won't check for Advance Parole at the airport when you're exiting the US, but later in the process if they realize you departed the US before the AP was approved, they'll deny your AOS.
If you are eligible for AOS, you will need Advance Parole to exit* and reenter the US. H3 doesn't give you the same travel flexibility during AOS like H1B and H4.
*they won't check for Advance Parole at the airport when you're exiting the US, but later in the process if they realize you departed the US before the AP was approved, they'll deny your AOS.
Problems when entering US right before filing AOS?
Thank you jackolantern,
Yes, my husband is a US citizen. In that case I can schedule my trip before I enter the paper work. Or is there a possebility of problems when USCIS sees that I entered the country for the last time right before I entered the forms? I would be entering on my H3 status obviuosly already planning to adjust status.
Thank you jackolantern,
Yes, my husband is a US citizen. In that case I can schedule my trip before I enter the paper work. Or is there a possebility of problems when USCIS sees that I entered the country for the last time right before I entered the forms? I would be entering on my H3 status obviuosly already planning to adjust status.
Thank you jackolantern,
Yes, my husband is a US citizen. In that case I can schedule my trip before I enter the paper work. Or is there a possebility of problems when USCIS sees that I entered the country for the last time right before I entered the forms? I would be entering on my H3 status obviuosly already planning to adjust status.
You have identified the same thing that USCIS will see as the basis for denying adjustment.
Jackolantern
Registered Users (C)
Remember that the H3 is supposed to be used to get specialized training in the US so you can use it for a job in your home country. Filing for AOS obviously means that the job isn't in the picture, and could make them accuse you of lying to get the visa, depending on how long ago you got the visa, when you got married, when you got engaged, etc. If I were you I would go for consular processing instead of AOS.