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dythim

Leave US while applying for AOS?

By dythim in Adjustment of Status from Work, Student, & Tourist Visas

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dythim Newbie

dythim   0

Posted
Filed: F-1 Visa Timeline
Posted

My wife is a Japanese national, here on an F-1 student visa. We were legally married here. She has been a bit homesick and wanted to look into the possibility of going back to Japan for 1-2 months.

We have not yet started the AOS process for her.

My questions are:

1. If she was to go back to Japan, before we started AOS process, would she be allowed to re-enter the country on a tourist visa? Or would we have to get a K-1 visa?

2. If we started the AOS process, would she be allowed to go back to Japan, or does she have to stay here throughout the process?

3. Any other options?

Thanks in advance.

lusomundo Rookie

lusomundo   0

Posted
Filed: AOS (apr) Country: Portugal
 Timeline
Posted

Hi,

Well is her F-1 visa still valid? If so, she can leave the country freely before filing for AOS. After submiting it, it is possible to travel abroad but an authorization is required, and takes several months to be granted.

If her F-1 wouldn't be valid anymore, she could come back on a tourist visa, I don't think a K-1 would make sense since you guys are already married.

AOS from J1

8/9/2010 AOS+EAD mailed

8/20/2010 Acceptance email confirmation received

8/23/2010 NOA received in mail

8/28/2010 Biometrics appointment letter received (scheduled for 9/13/2010)

9/13/2010 Biometrics done

9/27/2010 Interview appointment letter received (scheduled for 11/10/2010)

10/08/2010 EAD approved

10/21/2010 EAD received in the mail

11/10/2010 Interview. (approved!)

12/20/2010 Card received in the mail

8/12/2012 Beginning of the removal conditional status window period

8/21/2012 I-751 packet mailed to the California Center.

8/24/2012 NOA received

9/19/2012 Biometrics appointment

LiLMermaid Community Regular

LiLMermaid   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Leaving and coming back on a tourist visa so she can apply for AOS is a bad idea. She wouldn't be coming as a tourist...she'd be coming to live permanently with her husband which is immigration fraud and is not taken lightly. Honestly since she has an spouse in America its unlikely they'd give her one anyways. She would need to apply for a CR-1 visa which is a spousal visa. With a CR-1 visa she wouldn't need to apply for AOS as it gives her a green card when she enters. If her student visa is still valid she could re-enter on that as well.

K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

My wife is a Japanese national, here on an F-1 student visa. We were legally married here. She has been a bit homesick and wanted to look into the possibility of going back to Japan for 1-2 months.

We have not yet started the AOS process for her.

My questions are:

1. If she was to go back to Japan, before we started AOS process, would she be allowed to re-enter the country on a tourist visa? Or would we have to get a K-1 visa?

2. If we started the AOS process, would she be allowed to go back to Japan, or does she have to stay here throughout the process?

3. Any other options?

Thanks in advance.

In my opinion, you would be safest to apply for the AOS, apply for advance parole (AP) together with AOS, and wait the 2-3 months it takes to process the AP before she leaves.

(See my timeline-- I adjusted status from F-1 and was approved yesterday. took a little over 2 months)

F-1 visa (and tourist visa as well) does not permit dual intent.

So technically she is not supposed to use F-1 visa to enter the US if she intends to immigrate.

When she comes back from Japan, if the CBP finds out she is married to a USC, there is no telling whether they will allow entry.

The AP eliminates this guess work. The form you need to file is i-131, which is free for AOS filers.

Once she has this AP, she can leave the US without risking AOS abandonment AND without risking the whole immigrant intent issue.

If she leaves before AOS you will have to apply for CR-1/IR-1 visa, which means you guys will be separated for a while (K-1 is for fiance)

Honestly, I would highly advice that you apply AOS and wait the few months.

Hope she can cope with home sickness for just a few more moths because it is easier in the long run. :)

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
 
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