ATTENTION!!!!!!!

[Medvejonek 0]

Please respond to this as soon as you can!!!

Is it possible for the foriegn spouse to travel outside the US before receiving AOS? If so, how soon?

She is a citizen of Russia wanting to go to Kazakhstan for family reasons.

It has been 7 months since we have been married and we have not yet applied for AOS (due to work and moving). So I am assuming her status is still K-1 visa but am not sure.

Will she need to get the Permission to Travel document from USCIS or is this not needed?

Please let us know as soon as possible.

Thanks,

Med

[thai2luv 0]

Please respond to this as soon as you can!!!

Is it possible for the foriegn spouse to travel outside the US before receiving AOS? If so, how soon?

She is a citizen of Russia wanting to go to Kazakhstan for family reasons.

It has been 7 months since we have been married and we have not yet applied for AOS (due to work and moving). So I am assuming her status is still K-1 visa but am not sure.

Will she need to get the Permission to Travel document from USCIS or is this not needed?

Please let us know as soon as possible.

Thanks,

Med

You've been married 7 months, so the K1 visa is long expired. You have not applied for AOS. I believe your wife is now "out of status".

[Anastasia 1]

Since you haven't applied for AOS yet, your wife is out of status at the moment. If she will leave the US she won't be able to come back, and you will have to start all over again (probably applying for K-3 as you are married already).

Usually when people apply for AOS if they want to travel in the meanwhile, they also apply for AP - a travelling document that allows the alien leave the US and come back. But since your wife was out of status for a few months it might have triggered a 3 year ban from re-entry to the US, so even if she would apply for AOS and AP now, and then travel on AP, most likely she won't be allowed to re-enter to the US. If I remember right being out of status for over 180 days triggers that ban, and if she's out of status for a whole year it triggers a 10 year ban.

[Jasman0717 9]

I think everyone has already said the obvious. I wish you the best with whatever you decide to do. Good luck

[kc456 0]

She should not travel until she get the greencard.

[Medvejonek 0]

Thanks everyone! Plans changed and traveling is definately out of the question (no matter how long the wait will be) since my wife is pregnant and we are trying to save money for a home, kids, etc. It was a 'spur-of-the-moment' thing. That can come a few years down the road, and she knows that now.

Do you think we might have any problems regarding AOS? From what I understand we shouldn't because we were married within the time requirement of the K1 even though she is now out-of-status.

What happens now?

[kc456 0]

I believe you should be okay, since any overstays are usually "forgiven" for spouses of US citizens. Still, you should file soon -- would you not want to have your wife get legal immigration status? Otherwise she can't travel or work when/if she needs or wants to.

[Kez/JWolf 6]

You need to file as soon as you can..... most out of status time is forgiven at interview but why make things harder for yourselves....

Kezzie

[RichardS 0]

You need to file for AOS PRONTO ... also file for AP at the same time. This is critical because (technically) your wife could be deported since she is now "out of status!"

Good luck...

[ScottH 0]

I agree that you should file the 485 ASAP!

But if you are trying to save money and don't plan to travel for awhile, i would disagree slightly with RichardS and say save the $165 or $175 and don't file the AP application. The AP was a waste of money in our case (as was the EAD), as AOS interview and green card approval happened less than six months after filing AP application and 485 application (you can travel after the AOS approval and receiving your stamp or green card).

Scott

[pax 0]

I agree with Scott. Don't bother with the AP; your wife can't use it anyway because of 180+ days out of status. If she leaves the country and tries to come back, even with AP, she'll be subject to a three-year ban.

The overstay, as everyone else mentioned, will ultimately be forgiven once she has her green card, and then she'll be free to come and go.

[ljpren 0]

I agree that you should file the 485 ASAP!

But if you are trying to save money and don't plan to travel for awhile, i would disagree slightly with RichardS and say save the $165 or $175 and don't file the AP application. The AP was a waste of money in our case (as was the EAD), as AOS interview and green card approval happened less than six months after filing AP application and 485 application (you can travel after the AOS approval and receiving your stamp or green card).

Scott

"Waste of money?" Maybe in some cases ... NOT SO MUCH in other. If I would not have applied for AP and EAD and for second AP and EAD and the way how I see it... most likely for third AP and EAD next year, I would probably go completaly NUTS!!!

However I agree with everything else... definitely file AOS as soon as possible. You don't want to have your wife out of status any longer...

Best of Luck

Luc

[Yodrak 7]

Luc,

Let's keep this issue in context and recognize that Medvejonek's case is one of those "some cases" where applying for AP would be a waste of money - his wife couldn't use the AP even if it was given to her.

Yodrak

I agree that you should file the 485 ASAP!

But if you are trying to save money and don't plan to travel for awhile, i would disagree slightly with RichardS and say save the $165 or $175 and don't file the AP application. The AP was a waste of money in our case (as was the EAD), as AOS interview and green card approval happened less than six months after filing AP application and 485 application (you can travel after the AOS approval and receiving your stamp or green card).

Scott

"Waste of money?" Maybe in some cases ... NOT SO MUCH in other. If I would not have applied for AP and EAD and for second AP and EAD and the way how I see it... most likely for third AP and EAD next year, I would probably go completaly NUTS!!!

.....

Luc

[zyggy 9]

Luc,

Let's keep this issue in context and recognize that Medvejonek's case is one of those "some cases" where applying for AP would be a waste of money - his wife couldn't use the AP even if it was given to her.

Yodrak

I agree that you should file the 485 ASAP!

But if you are trying to save money and don't plan to travel for awhile, i would disagree slightly with RichardS and say save the $165 or $175 and don't file the AP application. The AP was a waste of money in our case (as was the EAD), as AOS interview and green card approval happened less than six months after filing AP application and 485 application (you can travel after the AOS approval and receiving your stamp or green card).

Scott

"Waste of money?" Maybe in some cases ... NOT SO MUCH in other. If I would not have applied for AP and EAD and for second AP and EAD and the way how I see it... most likely for third AP and EAD next year, I would probably go completaly NUTS!!!

.....

Luc

Agreed... the OP's spouse would be subject to a 3-year ban if she left the country. You spouse should not leave the US for any reason. If she does, significant consequences will result.

[kc456 0]

Yes, get it done soon!