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Posted

:star:

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

Filed: AOS (apr) Country: Philippines
Timeline
Posted
:star:

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

1) a "step-out" to Canada or Mexico does not reset your I-94 clock

2) yes that is a possibility... it is referred to here as emergency AP

YMMV

Posted

Hi!

1) a "step-out" to Canada or Mexico does not reset your I-94 clock

I see. But I can still travel if I want to for a honeymoon of sorts before my waiver runs out? Its allowed?

2) yes that is a possibility... it is referred to here as emergency AP

I will try this too I have an appointment. Can my husband post or bring the travel doc to the UK if it does not arrive in time? How risky is this. Will my I-94 in my passport be checked on the way out?

Thank you so much!

:star:

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

1) a "step-out" to Canada or Mexico does not reset your I-94 clock

2) yes that is a possibility... it is referred to here as emergency AP

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted
:star:

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

Please speak to your lawyer before crossing any border. If you leave the US while your AOS is pending you may invalidate the application and have to start all over again. You cannot travel without advance parole if you want to continue your application.

Also you may need to check if your chosen airline will allow you to travel so late into your pregnancy. Is a short job really worth the risk of having to stay in the UK until your baby has a passport and you have a visa?

Hope you get the right advice.

Lyn

Filed: Other Country: United Kingdom
Timeline
Posted

If you are doing AOS from a VWP then it is not advisable to leave the USA until you have a greencard, you could be denied entry and sent back to the UK on the 1st flight available at your own expense. If you leave the US without the required documents you will not be able to re-enter as you will be deemed to have abandoned your AOS and will have to apply for a K3/CR-1 and remain in the UK until it is approved.

You should have a chat with a good immigration lawyer who has experience of working with people who are doing AOS from a VWP, remember that you have signed a VWP (I-94w) giving up your rights of appeal. As you may be asked to prove that you did not have intent to remain in the US at your last entry when you go for your AOS interview, do you think it is wise to take a job outside the US given that you are pregnant and trying to get your greencard.

Posted

Hi Lyn,

Thank you for your help.

All the info I'm finding out proves I need to wait for Ap approval first and foremost.

I want to work and can safely ( checked with midwife, virgin medical assistance, I can fly no later than 36 weeks ) The film wants me pregnant and will take good care of me.

But you are also right about risking leaving the country without all the necessary documents. Its a wonderful opportunity yet not worth the stress on the baby or myself!

Thank you. I will wait and see what happens.

XX

:star:

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

Please speak to your lawyer before crossing any border. If you leave the US while your AOS is pending you may invalidate the application and have to start all over again. You cannot travel without advance parole if you want to continue your application.

Also you may need to check if your chosen airline will allow you to travel so late into your pregnancy. Is a short job really worth the risk of having to stay in the UK until your baby has a passport and you have a visa?

Hope you get the right advice.

Lyn

Posted

Thanks Tay,

I appreciate your help with this one and will stay here until all the necessary documents come through before travelling. Its just very frustrating as i want to earn money and support my family equally and all is safe for me to do so, in theory.

I will try through my lawyer and personally through the offices to expidite the AP. Otherwise i will wait (any idea how long in your case?)

My baby and husband are more important than an acting job and a green card is worth the wait.

Thank you.

If you are doing AOS from a VWP then it is not advisable to leave the USA until you have a greencard, you could be denied entry and sent back to the UK on the 1st flight available at your own expense. If you leave the US without the required documents you will not be able to re-enter as you will be deemed to have abandoned your AOS and will have to apply for a K3/CR-1 and remain in the UK until it is approved.

You should have a chat with a good immigration lawyer who has experience of working with people who are doing AOS from a VWP, remember that you have signed a VWP (I-94w) giving up your rights of appeal. As you may be asked to prove that you did not have intent to remain in the US at your last entry when you go for your AOS interview, do you think it is wise to take a job outside the US given that you are pregnant and trying to get your greencard.

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

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