Going out of the country while pending AOS

[Maty 0]

Hi All,

I am a B2 who recenlty filed my AOS last June 19, 2008. My I-94 expired last June 22, 2008 however my B1/B2 visa is 10yrs valid.

I recenlty had a very good job offer to work in Vietnam a very good job for a very good company. Something I have long waited for my career. What is the best thing to do? Will I have a problem if I exit the US with an expire I-94? Should I notify the immigration? what If I only have a week then I need to travel to Vietnam?

Please advise/

[Reba 2]

If you leave the US now you will forfeit your AOS application.

[pushbrk 12,898]

If you leave the US now you will forfeit your AOS application.

Yup. Don't leave without advance parole. Did you apply for that too?

[Cécy 44]

I guess the question is: do you still want to live in the US or would you rather move with your spouse to Vietnam?

If you want to live in Vietnam, then sure you can leave and there won't be any issues leaving the country. However your AOS application will be canceled. If you wish to do so, I would say call your bank and cancel the checks you sent (if they have not been cashed yet). There is no point in paying for something you won't use.

Now if you do wish to obtain a green card and live in the US, if you do not have an AP stay here and don't leave. Even if you have an AP you can only leave for so long.

If you were to leave the country while AOS pending without the proper papers, then you would have to apply for a spouse visa to come back and then restart the AOS processus (and pay for it again of course)

So think about what you want and then act accordingly.