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Filed: Timeline
Posted

Do you mean after you have your green card? Not necessarily. Staying outside of the US for long periods of time prior to becoming a citizen could be considered abandonment of intention and you run the risk of losing your LPR status. Better to wait until you are a citizen before spending months at a time outside of the US.

I'm talking about after the AOS has been approved and I have a green card. Within the following two year period, leading up to the reevaluation of the green card you believe it is not smart to be out of the country for an extended amount of time? I've been in the US for the most part close to 7 years now, save for a few months during the summer. As of now, I have not been back in a year and a half, which will be something like two years when the AOS would get approved. even with all of this, it would be against my favor to leave? Ideally, I desire to go to norway for at least half a year or more when i get the card...

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Posted

We covered this. The law is that you can leave for up to a year without needing special permission. If you want to leave for up to two years, you can request a reentry permit before you leave. All this while you need to "maintain US residency," which is a very complicated issue. Any time spent outside the US CAN be considered if CPB or a judge wants to argue that you have failed to maintain residency. That doesn't mean you should be afraid and never travel.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

Thank you Harpa for being so very helpful :)

I've got a little list of questions for everyone:

questions relating to the i-130 form.

1. under point 14 - My I-94 lists D/S. Is this appropriate to put D/S down on the form, or should i list when my visa expired?

2. for the i-130 packet, is it necessary for my spouse to provide proof of permanent residency when she is a US citizen, and has provided a copy of her US birth certificate?

'

3. under point 13 - It asks "Parents. Have you obtained a certificate of citizenship in your own name?" I'm pretty confused by what this means and have no idea what to answer on this question. My spouse got her US citizenship by being born the US with US parents.

questions relating to i-485.

1. it asks for a copy of a valid i-94. Is it adequate to provide copy of the i-94 that i used when i last entered the US as a f-1 student?

2. What is my USCIS status? out of status f-1 student? i-485 filing? What would be a good statement that does not diminish the strength of my application, while remaining truthful with the information I've given so far in this thread?

3. under part 2. it says "I am applying for an adjustment to permanent resident status because:"... I am not sure what to list myself as. none of the categories fit my case. I assume I list something under option "h. Other basis of eligibility", but what would that be? former F-1 student now married to a US citizen? certainly nothing that lengthy and ineloquent :)

last question!!! do i need to provide an i-693 when i submit the i-130/i-485 packets? Or is this something that will happen during the AOS process, if at all? Is it possible to supplement a potential medical examination with documents from my Norwegian doctors? Like proof of vaccinations etc. so that I do not have to do more than necessary?

Thank you all for your help!! it means so much :)

Hi, I was a F1 student 2, and this is what I did

Form 130:

1. D/S

2. Harpa got it right for you

3. Since your wife was born in the US, you would have checked the first one "Birth in the U.S"

Form 485:

1. Yes, you can submit the copy of the original I-94 if you don't have it. This is from my experience, don't know if it could be useful to you or not, but when I first started collecting all the paperwork to do my adjustment, I found out that I lost all my I-20s, my social security card, my I-94, it may be because when I'd moved out, I might be have taken these for trash papers :(((. So I contacted my old school, had them send a copy of all the papers I need :)

2. Out of status (It wouldn't affect your application since you are marrying to a USC)

3. Check the first one (a)

4. Again, Harpa got it right :)

Filed: Timeline
Posted

If you translate by yourself, make sure to put this line on the bottom:

I, hereby declare, that I am proficient in the Norwegian language and English language and the above is a true and accurate translation to the best of my abilities

Date, sign and print your name.

  • 4 weeks later...
Filed: Timeline
Posted

I need some more clarification on the I-485 form, part 2.

In choosing option A. it states "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)"

Is this immigrant petition my f-1 visa/I-20 form (with the alien registration number) or is it something else, like my marriage certificate? I am confused as to what this "approval notice" and "immigrant petition giving me an immediately available visa number" is in my case and what to to include in the application.

thanks in advance!

Posted

Your immigrant petition is the I-130. This is a horrible sentence, don't worry. Here is the sentence again with the meaning you want highlighted.

"...Attach a copy of the... relative...visa petition filed with this application that will give you an immediately available visa number, if approved."

This means you are a concurrent filer and while you do not have an approved immigrant petition right now, you have attached a copy of an immigrant petition that, if approved, will make a visa number immediately available to you.

Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

  • 1 month later...
Filed: Timeline
Posted

reading about advanced parole.

I have surpassed 180 days beyond the expiration date of my f-1 status, and I wonder if i'll be subject to the 3 year penalty, if ; i get my AOS approved as a spouse of us citizen, and/or leave the country before the AOS process is finished on an advanced parole.

thanks

Posted

Don't leave the country until you have your GC. You will be approved for the Advance Parole even though you can't use it. The AP will come with a generic note telling people who have overstayed (especially over 180 days) that they can't use AP even though it's approved - which is lame. Save yourself the trouble and don't even apply for AP, since you can't use it. Once you get the GC, you can travel with no ban.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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