Leaving States while waiting for AOS

[cptrosco 0]

Hey guys and girls, after a bit of advice.

I have applied for my AOS, but, at the time didnt file for any travel authorization. Am i allowed to leave the states while I have my AOS in process, if not, what do I have to do etc.

Thanks.

[Married2009 32]

From what I have read, if you leave the states before AoS is complete, it is considered abandoned, and you will not be allowed back in the US.

[TracyTN 237]

If you did not apply for advanced parole, DO NOT leave the country unless you want to start the visa process all over again.

You can apply now by filing the I 131. You'll just have to send a copy of your I 485 NOA1 along with it to show that it is a concurrent filing and which means you avoid the associated fee. Any reason you didn't send it in with AOS?

[cptrosco 0]

Hey thanks.

The only reason I didn't file it at the same time is because I had no intention of leaving, but you know how things changes, real life and other issues arise, my own fault, and to be honest, im not even sure if I'm going to leave, just wanted the advice. Thanks guys.

[TracyTN 237]

That's fine - I'm just always curious why people skip it, esp. as it doesn't cost anything extra except a few minutes of time when compiling the AOS application. You never know what may arise that would cause you to have to leave (family emergencies, spur of the moment vacation, etc) - handy to have around if you need it, and just an extra few pieces of paper to store if you don't.

[Nik+Heather 121]

If you need it urgently, you can go in person to the USCIS office (schedule an INFOPASS @ infopass.uscis.gov) with the AP application and usually get approved the same day. If you need to leave immediately, they will even arrange for you to pick up the documents for reentry at the embassy.

[Manitu 0]

That's fine - I'm just always curious why people skip it, esp. as it doesn't cost anything extra except a few minutes of time when compiling the AOS application. You never know what may arise that would cause you to have to leave (family emergencies, spur of the moment vacation, etc) - handy to have around if you need it, and just an extra few pieces of paper to store if you don't.

TracyTN,

please correct if I am wrong, but I thought the filing fees for the I-131 form is $305?

When are you legally allowed to travel (when you did not file the I-131)? When you AOS was approved, when you received your Greencard....?

I am looking for this information every where, but I cannot find anything. Do you know?

[jimnlena 8]

TracyTN,

please correct if I am wrong, but I thought the filing fees for the I-131 form is $305?

When are you legally allowed to travel (when you did not file the I-131)? When you AOS was approved, when you received your Greencard....?

I am looking for this information every where, but I cannot find anything. Do you know?

EAD and AP are free when filed with a 485 application. Of course you are allowed to travel and work when you recieve green card.

Edited June 3, 2010 by jimnlena

[VanessaTony 3,567]

please correct if I am wrong, but I thought the filing fees for the I-131 form is $305?

When are you legally allowed to travel (when you did not file the I-131)? When you AOS was approved, when you received your Greencard....?

I am looking for this information every where, but I cannot find anything. Do you know?

As stated, the AP and EAD fees are WAIVED when filed with AOS, or while AOS is processing.

Typically the AP and EAD forms are filed at the same time as AOS. If it's not, you must wait for the AOS NOA1 and send a copy of that with the forms in order for the fee to be waived.

Once AOS is approved you must wait for the greencard in order to travel. The EAD and AP documents are no longer needed once AOS is approved because the GC supersedes them both.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to travelling prior to getting your GC**

[Manitu 0]

EAD and AP are free when filed with a 485 application. Of course you are allowed to travel and work when you recieve green card.

Hi jimnlena,

Thank you so much for your response.

I am just trying to figure out at what time in the application process I am allowed to travel. I will send off all my application papers in the next few days, however I am not sure if I should include the form I-131, because I am planning to visit my family overseas during Christmas. Would it be save to file the I-131?

If so, the form asks for specific travel dates, which I cannot provide yet, because I haven't booked a flight or planned anything yet. What should I fill in?

Thank you!!!

[Nik+Heather 121]

Hi jimnlena,

Thank you so much for your response.

I am just trying to figure out at what time in the application process I am allowed to travel. I will send off all my application papers in the next few days, however I am not sure if I should include the form I-131, because I am planning to visit my family overseas during Christmas. Would it be save to file the I-131?

If so, the form asks for specific travel dates, which I cannot provide yet, because I haven't booked a flight or planned anything yet. What should I fill in?

Thank you!!!

Yes, file the I-131. It is free, so even if you don't need it, there is absolutely NO downside. For the dates, just put TBD. Alternatively, you could put Dec'10 or something, but TBD works just as well.

Chances are, you'll have your GC in time for Christmas, but with USCIS, you never know what sort of delays you might run into!

[CDAgirlMI 51]

That's fine - I'm just always curious why people skip it, esp. as it doesn't cost anything extra except a few minutes of time when compiling the AOS application. You never know what may arise that would cause you to have to leave (family emergencies, spur of the moment vacation, etc) - handy to have around if you need it, and just an extra few pieces of paper to store if you don't.

Sometimes (as in my case) filing for AP was a waste of time & paper.

I haven't received AP yet & have my AOS interview in just over a week. It has been confirmed by another VJ member that once you've been approved for your PR card, AP is invalid. So if/when they send it, it'll probably be too late to use it!

[Nik+Heather 121]

Sometimes (as in my case) filing for AP was a waste of time & paper.

I haven't received AP yet & have my AOS interview in just over a week. It has been confirmed by another VJ member that once you've been approved for your PR card, AP is invalid. So if/when they send it, it'll probably be too late to use it!

Hindsight is 20/20. In your case it was, but you only knew that after the fact. At the time of filing you couldn't have known the timing of your GC approval, or if you would have needed to leave the country urgently for some reason.

[CDAgirlMI 51]

Hindsight is 20/20. In your case it was, but you only knew that after the fact. At the time of filing you couldn't have known the timing of your GC approval, or if you would have needed to leave the country urgently for some reason.

Yes, of course. I'd probably file it again if I had to go back in time, not knowing the situation I'm in now.

Just wanted to share my experience.

[Manitu 0]

Thank you very much for sharing your experience, everyone!! I really appreciate it! :-)