traveling back to the Phils while aos is pending

[chibelle 0]

Hi,has anyone can help me with my question,if i can travel back to the philipines while my AOS is pending?Do i really need to apply for I-131 and wait for it to be approved before i can leave the country since am planning for a 3weeks vacation only.thnx,i would appreciate the help.

[Darnell 8,479]

I suggest , strongly, that you do not leave the country unless you have EITHER AP document or GREEN CARD in hand.

You can leave without them, sure, but you won't be allowed back in.

[JimVaPhuong 4,863]

Hi,has anyone can help me with my question,if i can travel back to the philipines while my AOS is pending?Do i really need to apply for I-131 and wait for it to be approved before i can leave the country since am planning for a 3weeks vacation only.thnx,i would appreciate the help.

Are you in the US now? If so, what kind of visa did you enter with?

[belinda63 3,051]

Leaving without advance parole or the green card could be construed as abandoning your AOS.

[SuperDuper! 230]

What no one is telling you is that if you go out on vacation under AP status, you could be assigned an AOS interview date, and then have to cut your vacation short, and redo airline/hotel arrangements at significant personal expense to be back in US to attend your AOS interview.

Why not just wait till you have your GC if not an emergency travel?

Now THAT is Darn good advice!

Edited April 5, 2010 by Hopp

[JimVaPhuong 4,863]

Ok, now I'm confused!

This is the IR1/CR1 forum. If she'd entered the US with an IR1/CR1 visa then she'd be getting her green card within a few weeks of entering the US. There would be no "AOS pending". All of that stuff would have been dealt with before getting the visa. Am I right about this?

If she entered with a K1, then she's got a problem. Green card or AP required before she can leave, even if only for 3 weeks.

If she entered on some other type of non-immigrant visa, married a US citizen, and is now waiting for her green card, then it would depend on what kind of visa she has and whether it's still valid. She may still be able to leave and re-enter using that visa.

If she entered with a K3, and the visa is still valid, she can leave and return without any problems. It's a multiple entry visa.

So, what kind of visa does she have?