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jessicrazy

Married to a USC and I 485 already filed

By jessicrazy in Working & Traveling During US Immigration

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jessicrazy Newbie

jessicrazy   0

Posted
Filed: AOS (pnd) Country: Germany
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Posted

I really need someones help here. Well I am married to a US citizen and I filed all my forms like I 485 about 3 month ago. Now I was planning on

going to my country for christmas and I heard that there is a form called I 131 that allows you to travel during the time you wait on your greencard.

The only thing what I am concerned about is that someone told me that USCIS dont like you travelling while your application is being processed...

Is that true??? Wont they approve my AOS application even if I got that travel form? I mean then why do they even have a form for travelling if they dont want you to travel?

What should I do? I got my flight already and now I am so confused.

reeses16 Proficient

reeses16   8

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

Its up to you whether or not you travel. You can travel while you AOS is pending, but you MUST have your travel document (you get it by filing the I-131). If you leave without your Green card or your travel document you will not be allowed back in the US and you will have to apply for a spousal visa.

raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

It's perfectly fine for you to travel with your Advance Parole, while you are awaiting approval of your AOS.

Just make sure you take the travel document, your passport and your certified marriage certificate with you to show when you re-enter the U.S.

You may even have your Green Card by Christmas, but it's better to be safe and get the AP document just in case you don't.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

luv2uallday Explorer

luv2uallday   1

Posted
Filed: K-3 Visa Country: Philippines
 Timeline
Posted
I really need someones help here. Well I am married to a US citizen and I filed all my forms like I 485 about 3 month ago. Now I was planning on

going to my country for christmas and I heard that there is a form called I 131 that allows you to travel during the time you wait on your greencard.

The only thing what I am concerned about is that someone told me that USCIS dont like you travelling while your application is being processed...

Is that true??? Wont they approve my AOS application even if I got that travel form? I mean then why do they even have a form for travelling if they dont want you to travel?

What should I do? I got my flight already and now I am so confused.

that is true and false..... but depends on your situation

it is true uscis doesn't like you to leave the country while your AOS is pending IF you are here on an overstayed visa or other out of status category... even with a aproved advanced parole you stilll can be subject to the 3 to 10 yr bar upon return to usa and refused entry... even if USCIS approved your advance parole in this case you have no garentees best bet to stay in usa till your case is adjudicated...

on the other side of the coin... It is perfectly ok to go WITH AN approved advance parole in hand and you will come back with no problem if your status when you filed AOS was still valid and legal....

u have to see which category you are in and that will be your answer..... wish you the best of luck

 
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