Can I travel to Mexico with AP???

[Coleen 2]

Hello everybody,

I have a question about traveling outside U.S. while my GC is still pending. Here's the thing: I have arrived to U.S. in July 2010 with K1 (fiance(e)) Visa. I got married in September and sent out the applications for EAD, AP and GC in October. My EAD and AP were both approved in January and at the same time my AOS documents were sent to CSC. When I go to uscis.gov and type in my AOS number it still gives me ''INITIAL REVIEW''.

My husband and me wanted to travel to Mexico in the beginning of March this year for a 5-day vacation (honeymoon). The other day, we went to see a travel agent about it, and after I'd explained my situation she called Mexican Embassy to check if I would need Mexican Visa. They told her that I do not need Mexican visa to enter Mexico as a tourist as long as I have legal status in U.S. (valid visa) and my passport is valid. They also suggested to call Mexican Consulate in Kansas City to double check.

I called the Mexican Consulate yesterday and since no one answered I left a voice message explaining my situation, and this morning I got an answer from them. They told me the same thing: I can travel to Mexico as a tourist with a valid passport from my home country and a proof of legal status in U.S. (valid visa).

I really have no idea if my status here in U.S. is legal or not, because some people here on VJ say that it's not, some say that it is.

My K1 visa has expired, of course. My I-94 expired as well I guess, it's dated to October 24th (that is the date when my 90 days here expired). My passport is valid until 2015. I have two copies of Advance Parole document which expire in January 2012 (I asked for two because I want to take another trip soon after my honeymoon). I also have 2 Notices of Action for AoS: one showing that USCIS accepted my AoS application, and the other showing they transferred my application to CSC. Does those documents show that I am legally in U.S. at the moment or what?

I'm 95% sure that I can travel to Mexico for a vacation with these documents, but 95% is not same as 100%. Has anyone had similar experience? Is there anyone who can help me? I don't want to pay for my vacation and prepare for it and then be denied entry or have complications.

I believe that there are people here on VJ who know more about this than people in Mexican Embassy. I'm saying this because I called and sent them e-mails and no one seemed to provide me with 100% clear answer.

I really hope that there's someone out there who can help me....

Thank you.

[YuAndDan 153]

I beleive you need a Mexican visa unless you have a Green-Card.. Unless Mexico has a visa waiver program with your home country..

Your K-1 visa is not longer valid, it was canceled when you entered the USA, what they mean by Valid visa is perhaps a multi-entry visa like a F-1, J-1, H-1B, etc...

[Aztec&Taino 144]

The issue is really not whether you are able to enter Mexico or not, the issue is really whether you would be able to return to the US without problems. You say that your Advance Parole has been approved, so this document should allow you to enter the US upon your return from your vacation. I remember that when I was undergoing the AOS I traveled to Mexico and in preparation for this I filed for AP. Upon return to the US the officer asked me why I had an AP, I told him that I thought I needed one to re-enter. He said, "they change things so much that I don't know what needs to be done any more," and he proceeded to let me in the US. Of course, my situation is different because I am a native of Mexico and the passport that I was using to travel was a Mexican passport. It seems to me that you need to check the rules of travel with Mexico with the Mexican authorities to see if Bosnians need a visa or not. I would imagine you would not because Mexico is, in many ways, a tourist driven country. It would be hard to believe that they would turn away a potential tourist...

[Krikit 1,164]

Agree with Dan. You need your GC. Otherwise, the rules for your particular country apply. In other words, you need a visa. Link

Edited February 11, 2011 by Krikit

[Aztec&Taino 144]

This is the official government page of the Mexico's Department of Tourism office. I imagine you can find your answer here: http://www.sectur.gob.mx/en/secturing/sect_2_home

[Coleen 2]

I beleive you need a Mexican visa unless you have a Green-Card.. Unless Mexico has a visa waiver program with your home country..

Your K-1 visa is not longer valid, it was canceled when you entered the USA, what they mean by Valid visa is perhaps a multi-entry visa like a F-1, J-1, H-1B, etc...

Ok, I understand that my K1 was cancelled, I got married before 90 days expired and so at this moment I AM LEGALLY IN UNITED STATES. Am I right? So, if I am legally in United States and if I travel from U.S. to Mexico and back I do not need a Mexican visa. That's what I found on Mexican Embassy website. And they also told my travel agent that I don't need visa if I have Notice of Action for AoS and Travel Document. That's what people from Mexican embassy said. I would require visa if I was traveling from Bosnia though...

I just wanted to know is my status now legal in United States or not? If I did everything correctly (god married within 90-day time frame and applied for AoS) my status here should be legal, right?

[Coleen 2]

Agree with Dan. You need your GC. Otherwise, the rules for your particular country apply. In other words, you need a visa. Link

People that I talked to said that I just need a proof that my status in U.S. is legal.. Here's the copy of e-mail I got from Mexican Embassy:

Mrs. Kartal, Neira,

US Citizens can travel to Mexico without a visa or consular stamp on the passport. It is important to bear in mind that you should travel with a valid US passport or travel Document.

Permanent residents of the United States can travel to Mexico without a visa or a consular stamp on the passport. However, you should have with you a valid passport or Travel Document plus the US Resident Alien Card (Green Card) or seal I-555 or Immigrant visa or Notice of action (indicating expired resident card is extended) or reentry permit.

You only need to fill up a migratory form that will be provided in the plane or port of entry.

If you have any doubts please contact Mrs. Marines Cervantes at our Visas Department. Phone number: 202.736.1008 or mcervantes@sre.gob.mx

Best regards,

Consular Section

Embassy of Mexico

Washington, D.C.

The issue is really not whether you are able to enter Mexico or not, the issue is really whether you would be able to return to the US without problems. You say that your Advance Parole has been approved, so this document should allow you to enter the US upon your return from your vacation. I remember that when I was undergoing the AOS I traveled to Mexico and in preparation for this I filed for AP. Upon return to the US the officer asked me why I had an AP, I told him that I thought I needed one to re-enter. He said, "they change things so much that I don't know what needs to be done any more," and he proceeded to let me in the US. Of course, my situation is different because I am a native of Mexico and the passport that I was using to travel was a Mexican passport. It seems to me that you need to check the rules of travel with Mexico with the Mexican authorities to see if Bosnians need a visa or not. I would imagine you would not because Mexico is, in many ways, a tourist driven country. It would be hard to believe that they would turn away a potential tourist...

Thank you, my thoughts are exactly the same... Why wouldn't they let me in for a vacation if I have a proof that I can be admitted back to U.S...

[Coleen 2]

And here's more:

http://www.consulmexchicago.com/

Thanks for your help everybody.. I appreciate it.

[YuAndDan 153]

Permanent residents of the United States can travel to Mexico without a visa or a consular stamp on the passport. However, you should have with you a valid passport or Travel Document plus the US Resident Alien Card (Green Card) or seal I-555 or Immigrant visa or Notice of action (indicating expired resident card is extended) or reentry permit.

These are all things a green-card holder may have not a person waiting for adjustment of status to be approved.

Reentry permit: is not the same thing as an AP document. Reentry permits are for green-card holders that will be out of the USA longer than 1 year.

Notice of action (Indicating expired resident card is extended): is the letter that is sent out to a conditional green-card holder when they file an I-751 to remove conditions.

Seal I-551: is a stamp placed in a green-card holder's passport indicating they have residency status.

Yous status is a limbo status, you are legal in the USA as a visitor, however your are not a resident until AOS has been approved, and you have green-card in hand..

Again good luck with traveling to Mexico without a visa.

[Brother Hesekiel 2,236]

Coleen,

love your avatar. Cool!

You will not be able to get a conclusive answer as you are walking in nowhereland.

1) You will be able to return to the US with the AP, no problem.

2) A US citizen doesn't need a visa for Mexico. An LPR doesn't need one either. A citizen of any part of the former Yugoslavia does need one, however. You are the latter, yet not quite to former. Thus, it's rolling the dice on whether they'll let you enter or not. Nobody can predict that with any degree of certainty as the mind of a Mexican border patrol officer is even more mysterious as the mind of a beautiful woman.

[Krikit 1,164]

People that I talked to said that I just need a proof that my status in U.S. is legal.. Here's the copy of e-mail I got from Mexican Embassy:

Yes, you are legal in the US. But you have not been approved for conditional permanent residency as yet. Which means there is still the chance that another country (in this case Mexico) will be "stuck" with you if you are denied reentry to the US. The same would happen if you tried to enter Canada.... as Mexico, Canada, and the US are all part of the WHTI agreement which allows US permanent residents to enter each country WITH a greencard. No greencard, no entry. From the WHTI ID travel requirements:

"U.S. Lawful Permanent Residents with a Permanent Resident Card or other evidence of permanent residence status and required documentation"

Unfortunately, you do not yet have evidence of permanent residence status because it has not yet been approved.

[TBoneTX 45,299]

OP, if you wish to return to the U.S. by use of your AP document, bear in mind that CBP can ask anything and refuse entry for any reason (including anything that your Consulate asked during your visa interview).

Until you have your green card, always, always carry a copy of your marriage certificate with you. If you have a copy of the cover-letter that went with your AOS filing, bring that along, too. You can never be overdocumented enough when you face dealing with CBP.

[Coleen 2]

Well people thank you very much for all of your answers. I just love VJ!!! There's always someone who can help you

As I already said, I called Mexican embassy and consulates regarding my concern. They all told me that I would be able to travel to Mexico with my passport and AP. But, as some of you said, you can never be 100% sure.

I logged on to uscis this morning just to see if there was at least a touch for the past few days, and to my great surprise MY AOS PETITION IS APPROVED!!! It said: that they approved it yesterday and ordered a card/document production! I was really greatly surprised and amazed! I wasn't expecting this to happen any time before late May/early June.

So, it seems like I will be able to travel to Mexico with no worries! And that's great! I will be able to enjoy my vacation with no worries about what might happen with Mexican border officers or American immigration officers.

This all happened really fast for me and I'm very pleased that I didn't have any kind of complications. And it's all thanks to VJ and its members

Thank you everybody!

[Coleen 2]

These are all things a green-card holder may have not a person waiting for adjustment of status to be approved.

Reentry permit: is not the same thing as an AP document. Reentry permits are for green-card holders that will be out of the USA longer than 1 year.

Notice of action (Indicating expired resident card is extended): is the letter that is sent out to a conditional green-card holder when they file an I-751 to remove conditions.

Seal I-551: is a stamp placed in a green-card holder's passport indicating they have residency status.

Yous status is a limbo status, you are legal in the USA as a visitor, however your are not a resident until AOS has been approved, and you have green-card in hand..

Again good luck with traveling to Mexico without a visa.

Thanks for advice.. Luckily my AOS was approved yesterday so I don't have to worry anymore

[Coleen 2]

Coleen,

love your avatar. Cool!

You will not be able to get a conclusive answer as you are walking in nowhereland.

1) You will be able to return to the US with the AP, no problem.

2) A US citizen doesn't need a visa for Mexico. An LPR doesn't need one either. A citizen of any part of the former Yugoslavia does need one, however. You are the latter, yet not quite to former. Thus, it's rolling the dice on whether they'll let you enter or not. Nobody can predict that with any degree of certainty as the mind of a Mexican border patrol officer is even more mysterious as the mind of a beautiful woman.

Thanks Just Bob,

I have to say that I'm a big fan of your comments

I'm not walking in nowhereland anymore as my AOS was approved yesterday, so hopefully I'll get my GC by the beginning of March

Yes, you are legal in the US. But you have not been approved for conditional permanent residency as yet. Which means there is still the chance that another country (in this case Mexico) will be "stuck" with you if you are denied reentry to the US. The same would happen if you tried to enter Canada.... as Mexico, Canada, and the US are all part of the WHTI agreement which allows US permanent residents to enter each country WITH a greencard. No greencard, no entry. From the WHTI ID travel requirements:

"U.S. Lawful Permanent Residents with a Permanent Resident Card or other evidence of permanent residence status and required documentation"

Unfortunately, you do not yet have evidence of permanent residence status because it has not yet been approved.

Thank you very much, I am 100% legal as of yesterday My AOS was approved! Yay!!!