Jump to content
huskerfan

Leaving the USA befoe AOS is approved?

 Share

10 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada
Timeline

My wife and I have been waiting for almost 2year for our AOS to get approved. We even had our interview. i have recently been offered a tmeporary job overseas for 14 months Does anyone know or could someone point me in the right direction as to what would happen to my case? I'm just getting tired of waiting. Our main concern is, will we be able to return to the US after those 14 months?

Hubby - Canada Wife- USA

Came to USA on an F1 Visa

Met my wife to be August 2001 at college in Nebraska

May 29,2004 - Married!!!!!

July 1, 2004 - Filed AOS, AP, I-130 and Ead in person-Houston

July 12, 2004 - Notice date

July 29, 2004 - Bios

Nov 10, 2004 - I-485 touched

Nov 17, 2004 - I-131 approved

Nov 24, 2004 - I-765 approved

Apr 25, 2005 - status inquiry since AOS is 90 days overdue

May 2, 2005 - status inquiry letter to Houston office

May 19, 2005 - had a meeting with the ICE ( they said they didnt know I filed for AOS???)

July 7, 2005 - sent a letter to Senator, Missouri Cis, CIS Ombudsman

July 27, 2005 - letter from Ombudsman - they will start an inquiry into my case.

Sept 14, 2005 - receieved a letter from USCIS Houston that I need to contact Missouri ( from status inquiry)

Oct 6, 2005 - fingerprinting- EAD

Nov 15, 2005 - Received letter from CIS Ombudsman-I need to contact the Houston USCIS

Nov 17, 2005 - Received AP and Ead in mail

Dec 28, 2005 - fingerprinting- AOS

Feb 9, 2006 - Aos interiew- still waiting for background check

Nov 3, 2006 - Second AOS interview, still waiting for background check

Nov 3, 2006 - I-130 approved

Dec 2, 2007 - Fingerprinted again..third time for AOS

Feb 14, 2008 - Received email case approved

Feb 26, 2008 - received Green Card

Link to comment
Share on other sites

If the non-USC does not receive the green card and leaves the country it would be considered abandoning the petition and would not be allowed to re-enter under the existing petition. If you have already had your interview wait for the card :thumbs:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

man, your time line is nuts! i am sorry you had to go through all of that!!

like the other person said, you'll need to have that green card before leaving with AOS pending. you should--and probably have tried to--talk to someone official about this situation. good luck!

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

My question is how long do we wait??? 6 months, 1 yr, 5yrs. I'm truly tired of witing and feelling like my life is on hold until AOS decides to give me my green card. C'mon now, I think 21 months is a long time to do a security check...esp from someone born in Canada.

Hubby - Canada Wife- USA

Came to USA on an F1 Visa

Met my wife to be August 2001 at college in Nebraska

May 29,2004 - Married!!!!!

July 1, 2004 - Filed AOS, AP, I-130 and Ead in person-Houston

July 12, 2004 - Notice date

July 29, 2004 - Bios

Nov 10, 2004 - I-485 touched

Nov 17, 2004 - I-131 approved

Nov 24, 2004 - I-765 approved

Apr 25, 2005 - status inquiry since AOS is 90 days overdue

May 2, 2005 - status inquiry letter to Houston office

May 19, 2005 - had a meeting with the ICE ( they said they didnt know I filed for AOS???)

July 7, 2005 - sent a letter to Senator, Missouri Cis, CIS Ombudsman

July 27, 2005 - letter from Ombudsman - they will start an inquiry into my case.

Sept 14, 2005 - receieved a letter from USCIS Houston that I need to contact Missouri ( from status inquiry)

Oct 6, 2005 - fingerprinting- EAD

Nov 15, 2005 - Received letter from CIS Ombudsman-I need to contact the Houston USCIS

Nov 17, 2005 - Received AP and Ead in mail

Dec 28, 2005 - fingerprinting- AOS

Feb 9, 2006 - Aos interiew- still waiting for background check

Nov 3, 2006 - Second AOS interview, still waiting for background check

Nov 3, 2006 - I-130 approved

Dec 2, 2007 - Fingerprinted again..third time for AOS

Feb 14, 2008 - Received email case approved

Feb 26, 2008 - received Green Card

Link to comment
Share on other sites

My question is how long do we wait??? 6 months, 1 yr, 5yrs. I'm truly tired of witing and feelling like my life is on hold until AOS decides to give me my green card. C'mon now, I think 21 months is a long time to do a security check...esp from someone born in Canada.

It is crazy.

"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies."

Senator Barack Obama
Senate Floor Speech on Public Debt
March 16, 2006



barack-cowboy-hat.jpg
90f.JPG

Link to comment
Share on other sites

It hasn't been 21 months to do the security check. Your AOS biometrics were done on the same date as my wife's, 4 months ago. That triggers the FBI name check. My wife's AOS interview was a month after yours and her green card was also delayed for the FBI check. It was about a month after the interview before she received her green card.

Given that you had those hiccups in 2001 and 2002, including being interviewed by the FBI, I would say that your FBI file is much more interesting than my wife's, so I expect that you might be waiting for a bit longer yet - even for someone coming from Canada. Canadians don't get any special treatment in this process.

You'll just have to be patient.

G

I-129F Filing

G (USA)

L (Scotland)

2005-02-05 Sent to TSC

2005-03-02 NOA2 rcvd

2005-04-27 Medical - 3:40 pm in Edinburgh

2005-05-19 Interview - approved!!

2005-06-12 G & L fly to Florida

2005-08-20 Wedding day!!

2005-09-15 Sent AOS docs

2005-09-23 NOA1 rcvd for 485, 765, and 131

2005-11-28 AP rcvd

2006-01-03 EAD rcvd

2006-03-08 AOS interview - Success - pending FBI name check!!

2006-04-05 Rcvd the 'Welcome To America' email. Name check is done!!

2006-04-17 Green Card Received!!

2008-02-05 Sent I-751 to remove conditions

2008-02-11 I-751 received in Texas

2008-02-25 Check finally cashed!!

2008-03-19 Biometrics completed in West Palm Beach

2008-12-23 Rcvd notification of GC production

2008-12-30 Rcvd notification of confirmation letter going in the mail.

"Just as our DNA is unique, so too is our visa processing experience."

G 3/31/05

Link to comment
Share on other sites

Filed: Other Timeline

once you get your Green Card, and if you plan to be out of the country for more than 1 year, you will need to apply for a re-entry permit before you leave.

See the Welcome to America guide page 10 "maintaining your immigrant status"

http://www.uscis.gov/graphics/citizenship/M-618.pdf

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Link to comment
Share on other sites

I guess if the job is really worth it, you can go for it and abandon your current petition.....you could always refile for another petition from your native country

****MY MOM'S JOURNEY****

Sponsorship

05/13/2011 Sent I-130 Form for Mother

09/28/2011 NOA2 - I-130approved

10/19/2011 NVC Case Number Assigned

****MY JOURNEY****

Citizenship

06/10/2009 Sent N-400 to TX

07/14/2009 Biometrics Date

09/02/2009 Interview at Mount Laurel Office - verbal approval :)

10/26/2009 Oath Ceremony...Officially a CITIZEN

10/26/2009 Applied for a US Passport

Removing Conditions

06/09/2008 Mailed I-751 Packet, Removal of Conditions on Residence

07/23/2008 Biometrics Done

02/11/2009 Case transferred to CSC

03/23/2009 Case Transferred to Newark, NJ, Awaiting Interview.

06/25/2009 Interview...APPROVED!!!...Never Received 10 year GC

AOS

03/24/2006 Sent AOS Forms (I-130, I-485, I-765)

04/18/2006 Biometrics Processed

05/13/2006 RFE for I-485 processing (need I-864)

06/20/2006 Sent in RFE

07/22/2006 Recieved EAD card

09/06/2006 AOS Interview...APPROVED

09/18/2006 Got my PR Card

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

Hey gag,

just wanted to let you know my first set of biometrics was July 29, 2004. Not 4 months ago. That was my second cause my first set of prints "expired"

Hubby - Canada Wife- USA

Came to USA on an F1 Visa

Met my wife to be August 2001 at college in Nebraska

May 29,2004 - Married!!!!!

July 1, 2004 - Filed AOS, AP, I-130 and Ead in person-Houston

July 12, 2004 - Notice date

July 29, 2004 - Bios

Nov 10, 2004 - I-485 touched

Nov 17, 2004 - I-131 approved

Nov 24, 2004 - I-765 approved

Apr 25, 2005 - status inquiry since AOS is 90 days overdue

May 2, 2005 - status inquiry letter to Houston office

May 19, 2005 - had a meeting with the ICE ( they said they didnt know I filed for AOS???)

July 7, 2005 - sent a letter to Senator, Missouri Cis, CIS Ombudsman

July 27, 2005 - letter from Ombudsman - they will start an inquiry into my case.

Sept 14, 2005 - receieved a letter from USCIS Houston that I need to contact Missouri ( from status inquiry)

Oct 6, 2005 - fingerprinting- EAD

Nov 15, 2005 - Received letter from CIS Ombudsman-I need to contact the Houston USCIS

Nov 17, 2005 - Received AP and Ead in mail

Dec 28, 2005 - fingerprinting- AOS

Feb 9, 2006 - Aos interiew- still waiting for background check

Nov 3, 2006 - Second AOS interview, still waiting for background check

Nov 3, 2006 - I-130 approved

Dec 2, 2007 - Fingerprinted again..third time for AOS

Feb 14, 2008 - Received email case approved

Feb 26, 2008 - received Green Card

Link to comment
Share on other sites

Filed: AOS (apr) Country: Ireland
Timeline

From what's in your timeline, I can completely understand why you're starting to get antsy. But, you're so near the end of the process. If you leave without finishing it, and then decide you want to come back, you're going to have to start the whole thing over again. Not to mention the fact that even if you DO wait and get the green card, you can't live abroad for longer than 6 months I believe without filing for a re-entry permit. If I were you, I'd try to hold on a little longer. I remember when David was going through the same thing, and if you look at my time line, we had NO real issues with USCIS, and yet, it still took 2 and a half years to get it all done. There were weeks when he'd be so homesick and upset about the whole process that he'd just want to leave. But he stuck it out, and now that it's over and he's able to go back to Ireland if he needs to, it's really made a big difference for him. I hope you get everything worked out. It won't be this frustrating forever.

David & Erin [br]5962a06.jpg.png

6/19/2002- Met Online

11/10/2002- Met in person for the first time at Buffalo International Airport we spend a blissful but all too short week together.

2/23/03- David proposes on the beach in Melbourne Florida at sunrise during his second visit.

9/26/03- After much talk with USCIS we decide to go ahead and get married during David's third visit, with David planning on returning to Ireland the following week.

9/30/03- Phone USCIS to ask questions on filling out paper work and USCIS officer informs us that if David is already here he doesn't need to leave. After numerous calls to the Irish Embassy and two more calls to USCIS to confirm, we decide he will stay.

12/02/03- Petition for AOS recieved

10/8/04- EAD FINALLY arrives

11/10/2004- Our Son Colin Michael Kieran born two years to the minute after our first face to face meeting!

1/26/06- Recieved interview appointment letter.

3/09/06- AOS approved! David is a permanent resident with stamp in passport.

4/4/06- Green card arrives. We are now free to travel back to Ireland so David can see his family for the first time in more than two years.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...