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WaitingAndWaiting

How long can I Stay?

By WaitingAndWaiting in Working & Traveling During US Immigration

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WaitingAndWaiting Newbie

WaitingAndWaiting   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hello,

I tried to find the answer with not luck in the uscis page.

Q: How long can I stay abroad while the Adjustment of Status is pending?

Thanks

"Expecting the world to treat you fairly because you are a good person is a little like expecting the bull not to attack you because you are a vegetarian." Dennis Wholey
HolyMoly Contributor

HolyMoly   0

Posted
Filed: Timeline
Posted (edited)

As far as i know, you are here legally (and therefore able to stay) until they make a decision on your case. After they make a decision on your case, your status alters accordingly.

*edit - by "abroad" im assuming you mean in the USA, not outside of the USA.

Edited by HolyMoly
WaitingAndWaiting Newbie

WaitingAndWaiting   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted
As far as i know, you are here legally (and therefore able to stay) until they make a decision on your case. After they make a decision on your case, your status alters accordingly.

*edit - by "abroad" im assuming you mean in the USA, not outside of the USA.

Im in the USA. Of course I came here legally on a K1.

I just wanted to know if there is a maximum frame of time that i can visit my home Country and return ( to the USA) using the Advance Parole.

thanks again

"Expecting the world to treat you fairly because you are a good person is a little like expecting the bull not to attack you because you are a vegetarian." Dennis Wholey
Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I honestly don't know... but if it was me I'd assume that it was good for a 90 day trip, the same as the VWP. Longer than that and they might have concerns about your abandoning your application for AOS, or the validity of your marriage because you were leaving your spouse for so long...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

WaitingAndWaiting Newbie

WaitingAndWaiting   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thanks for the reply.

Let me see if I get this clear. The Advance Parole is good until it expiration date BUT if I stay more than 90 days the officer at the port of entry could consider that I am abandoning my AOS?

"Expecting the world to treat you fairly because you are a good person is a little like expecting the bull not to attack you because you are a vegetarian." Dennis Wholey
Mand Proficient

Mand   1

Posted
Filed: Citizen (pnd) Country: Ireland
 Timeline
Posted

I don't have an accurate response for you, only that it is the Officer at your POE that ultimately makes the decision. If he/she feels that you had a valid reason for a lenghty stay abroad, there should be no issues. Alternatively, if they feel you have spent too much time outside of the U.S. then they have the right to deny entry.

03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

You should be ok to use your AP for a normal vaction time.... i.e 2 weeks to a month anything over that they might question.... and remember AP does not garentee re-entry to the States... you can still be refused... 90 days I think would look like you had abondoned your AOS....

Kezzie

Autumnal Proficient

Autumnal   25

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

An interesting question and one I don't think there is a set answer to. After all, a good number of us has learned that despite it being officially documented, things aren't always the way they should be! <_<

The first clause is correct; your trip could go all the way up to the expiration date of your AP.

However, the second is probably the one to judge your time away on: the issue of staying with your spouse. The final decision is at the discretion of the port of entry official and no one else. If there's justification for staying outside the US for an extended period, then it probably isn't an issue. If it looks odd, they will want to investigate.

I suppose you can preemptively prepare for this by establishing the grounds on why you are going and keeping these documents on hand. For example, my best friend (also AOSing!) had to return to Canada because her parents are self-employed in the fishery and they cannot replace her contribution. The fishing season is about two months long. She indicated this on her AP and also wrote a letter to USCIS after they scheduled her interview smack in the middle of the season. They approved moving her interview to when she was back, so she has that letter on top of any proof she needs from the official Department of Fisheries indicating the opening/closing of the fishing season.

That's a bit complicated, but you can see that there would be very real proof for her to present to a border guard.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

WaitingAndWaiting,

You won't find an answer to that question because there is no specified maximum.

Yodrak

Hello,

I tried to find the answer with not luck in the uscis page.

Q: How long can I stay abroad while the Adjustment of Status is pending?

Thanks

Kajikit and Kezzie,

Why?

Yodrak

... if it was me I'd assume that it was good for a 90 day trip, the same as the VWP....
90 days I think would look like you had abondoned your AOS....
kc456 Proficient

kc456   0

Posted
Filed: AOS (apr) Country: Russia
 Timeline
Posted (edited)
Kajikit and Kezzie,

Why?

Yodrak

... if it was me I'd assume that it was good for a 90 day trip, the same as the VWP....

90 days I think would look like you had abondoned your AOS....

There is no hard and fast rule as far as I know. It's up to the POE officer and USCIS officer when you show up at the interview to decide.

Edited by kc456

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

 
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