Living overseas on AP while AOS is pending?

[Mrs D. 13]

Hi guys,

Tried looking up the relevant threads but couldn't find anything solid...

Just wondering if anyone has stayed out of the country on AP for a lengthy period of time? And how long if so

My husband and I work in telecom industry which involves lots and lots of travel (I used to, before I came here to get married). When we arrived in the states he had a contract in Jersey, but now he has to travel for a project overseas again. Obviously, I will stay here with his family until my AP comes through but I would like to follow him as soon as I can travel.

I would really appreciate it if some of you could share their experience (he's got a year contract, I realize I wouldn't be able to stay with him as long as that but still want to know what the maximum limits are, if any).

Thanks heaps in advance

Vika

[shawna7 4]

Hi guys,

Tried looking up the relevant threads but couldn't find anything solid...

Just wondering if anyone has stayed out of the country on AP for a lengthy period of time? And how long if so

My husband and I work in telecom industry which involves lots and lots of travel (I used to, before I came here to get married). When we arrived in the states he had a contract in Jersey, but now he has to travel for a project overseas again. Obviously, I will stay here with his family until my AP comes through but I would like to follow him as soon as I can travel.

I would really appreciate it if some of you could share their experience (he's got a year contract, I realize I wouldn't be able to stay with him as long as that but still want to know what the maximum limits are, if any).

Thanks heaps in advance

Vika

I made some inquiries because my teenage daughter wanted to go to back Canada for awhile to stay with her dad(she was terribly homesick)

The best information I was able to find stated you could be gone no longer than a year..BUT staying away that long COULD cause problems..AP is paroling you back into the USA..they do not HAVE to do it..and if you're away for a long period of time some people had suggested there could be problems..so really check into this before you leave...keep in mind I'm only passing along information that was given to me ...for a specific situation(although AP is AP and out of the country is out of the country right?lol)

BTW..my daughter has stayed put(for now ) but shes a teenager..we'll see what she pulls this summer hehe

good luck!

Shawna

[Mrs D. 13]

Hi guys,

Tried looking up the relevant threads but couldn't find anything solid...

Just wondering if anyone has stayed out of the country on AP for a lengthy period of time? And how long if so

My husband and I work in telecom industry which involves lots and lots of travel (I used to, before I came here to get married). When we arrived in the states he had a contract in Jersey, but now he has to travel for a project overseas again. Obviously, I will stay here with his family until my AP comes through but I would like to follow him as soon as I can travel.

I would really appreciate it if some of you could share their experience (he's got a year contract, I realize I wouldn't be able to stay with him as long as that but still want to know what the maximum limits are, if any).

Thanks heaps in advance

Vika

I made some inquiries because my teenage daughter wanted to go to back Canada for awhile to stay with her dad(she was terribly homesick)

The best information I was able to find stated you could be gone no longer than a year..BUT staying away that long COULD cause problems..AP is paroling you back into the USA..they do not HAVE to do it..and if you're away for a long period of time some people had suggested there could be problems..so really check into this before you leave...keep in mind I'm only passing along information that was given to me ...for a specific situation(although AP is AP and out of the country is out of the country right?lol)

BTW..my daughter has stayed put(for now ) but shes a teenager..we'll see what she pulls this summer hehe

good luck!

Shawna

Thanks a lot for your reply, Shawna, I will definitely check and let you know if I find more info. I am not planning on staying out that long. We would most likely come back for a holiday with my husband's kids every couple of months and definitely to attend the interview, etc.

Hope your daughter is doing better this summer

[Mrs D. 13]

Hi guys,

Tried looking up the relevant threads but couldn't find anything solid...

Just wondering if anyone has stayed out of the country on AP for a lengthy period of time? And how long if so

My husband and I work in telecom industry which involves lots and lots of travel (I used to, before I came here to get married). When we arrived in the states he had a contract in Jersey, but now he has to travel for a project overseas again. Obviously, I will stay here with his family until my AP comes through but I would like to follow him as soon as I can travel.

I would really appreciate it if some of you could share their experience (he's got a year contract, I realize I wouldn't be able to stay with him as long as that but still want to know what the maximum limits are, if any).

Thanks heaps in advance

Vika

I made some inquiries because my teenage daughter wanted to go to back Canada for awhile to stay with her dad(she was terribly homesick)

The best information I was able to find stated you could be gone no longer than a year..BUT staying away that long COULD cause problems..AP is paroling you back into the USA..they do not HAVE to do it..and if you're away for a long period of time some people had suggested there could be problems..so really check into this before you leave...keep in mind I'm only passing along information that was given to me ...for a specific situation(although AP is AP and out of the country is out of the country right?lol)

BTW..my daughter has stayed put(for now ) but shes a teenager..we'll see what she pulls this summer hehe

good luck!

Shawna

Thanks a lot for your reply, Shawna, I will definitely check and let you know if I find more info. I am not planning on staying out that long. We would most likely come back for a holiday with my husband's kids every couple of months and definitely to attend the interview, etc.

Hope your daughter is doing better this summer

Talked to an attorney and was told that technically there is no limit but since my status is not defined it is advisable not to exceed 1 month being out of the country, cause coming back in after a longer period of time will cause questions and very possibly troubles.

[motu 6]

Talked to an attorney and was told that technically there is no limit but since my status is not defined it is advisable not to exceed 1 month being out of the country, cause coming back in after a longer period of time will cause questions and very possibly troubles.

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

[Mrs D. 13]

Talked to an attorney and was told that technically there is no limit but since my status is not defined it is advisable not to exceed 1 month being out of the country, cause coming back in after a longer period of time will cause questions and very possibly troubles.

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

Thanks a lot for your reply.

I can definitely see your point, but I think lawyers are more trying to cover their own a** rather than trying to scare us into spending more money. He didn't tell me I couldn't, he just said it's advisable to be perfectly safe. The decision is up to me. I see his side as well, he knows how crazy our circumstances are first hand and in case he tells me go ahead and spend 6 months overseas and then I can't re-enter (for wahtever reason) my husband could sue him for that.

I also realize when it comes to immigration you can never be sure as it depends on who you run into on the POE. And I can also see where it wouldn't look good in the eyes of immigration.

I was just wondering if anyone has done it when their AOS was still pending.

[payxibka 10,047]

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

On AP? I would be hesitant to be out of the country for an extended period of time while on AP.... The re-entry permit situation is predominantly for those who are outside on a greencard....

[shawna7 4]

Talked to an attorney and was told that technically there is no limit but since my status is not defined it is advisable not to exceed 1 month being out of the country, cause coming back in after a longer period of time will cause questions and very possibly troubles.

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

Thanks a lot for your reply.

I can definitely see your point, but I think lawyers are more trying to cover their own a** rather than trying to scare us into spending more money. He didn't tell me I couldn't, he just said it's advisable to be perfectly safe. The decision is up to me. I see his side as well, he knows how crazy our circumstances are first hand and in case he tells me go ahead and spend 6 months overseas and then I can't re-enter (for wahtever reason) my husband could sue him for that.

I also realize when it comes to immigration you can never be sure as it depends on who you run into on the POE. And I can also see where it wouldn't look good in the eyes of immigration.

I was just wondering if anyone has done it when their AOS was still pending.

It does get a bit tricky..If you can..I would try and make a few short trips on AP..and after you have your greencard..maybe do the longer stay..like I said before..the information I was given was by the book stuff..and it DID state that on AP you could be gone UP to a year..but who knows..so much depends on the mood of your officer upon re-entering

I wish I could have been more helpful..please let me know what you end up doing

Shawna

[Mrs D. 13]

Talked to an attorney and was told that technically there is no limit but since my status is not defined it is advisable not to exceed 1 month being out of the country, cause coming back in after a longer period of time will cause questions and very possibly troubles.

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

Thanks a lot for your reply.

I can definitely see your point, but I think lawyers are more trying to cover their own a** rather than trying to scare us into spending more money. He didn't tell me I couldn't, he just said it's advisable to be perfectly safe. The decision is up to me. I see his side as well, he knows how crazy our circumstances are first hand and in case he tells me go ahead and spend 6 months overseas and then I can't re-enter (for wahtever reason) my husband could sue him for that.

I also realize when it comes to immigration you can never be sure as it depends on who you run into on the POE. And I can also see where it wouldn't look good in the eyes of immigration.

I was just wondering if anyone has done it when their AOS was still pending.

It does get a bit tricky..If you can..I would try and make a few short trips on AP..and after you have your greencard..maybe do the longer stay..like I said before..the information I was given was by the book stuff..and it DID state that on AP you could be gone UP to a year..but who knows..so much depends on the mood of your officer upon re-entering

I wish I could have been more helpful..please let me know what you end up doing

Shawna

Thanks a lot for your replies guys!! You HAVE been helpful and I will definitely let you know if I find out more.

It really is tricky and I don't think it's worth playing around with, cause we are planning on spending the rest of our lives together afterall... Besides, I won't have to do it any time soon as it turns out my husband is not going overseas for the next 3 months at least

That's not correct. People routinely stay outside for up to 6 months - if you stay for longer than a year then you could have an issue (look at re-entry permits in that case). Some lawyers just want to scare you - scare you into giving them all of your money. Good Luck

On AP? I would be hesitant to be out of the country for an extended period of time while on AP.... The re-entry permit situation is predominantly for those who are outside on a greencard....

That's what I thought... Thanks a lot