Visit Outside of US

[supercool 0]

Hi Guys,

I wanted to know after filing Form I-485, can my fiancee fly to her country for few weeks? If no, is there a way we can request to the USCIS?

Thanks

[Otto 83]

Can leave but re-entering the US would be a problem without at least AP/Advance Parole (aka 'travel document') - typically you did/will file for this along with the AOS (it'd be the I-131).

Leaving without this (or the actual PR/Green Card) would result in abandoning the AOS (meaning you'd have to start over with a Spousal visa).

See the AOS Guide for more details.

[canadian_wife 1,822]

She may leave the US whenever she wants. However, to return she must have her green card or her advanced parole document. Leaving the US without one of these means you'll start from scratch with a spousal visa, new filing fee and a long wait to get her back to the US

Good luck

[Barbara J 115]

Hi Guys,

I wanted to know after filing Form I-485, can my fiancee fly to her country for few weeks? If no, is there a way we can request to the USCIS?

Thanks

Simply put if she wants to re enter then No wait for AP or GC

Edited April 11, 2011 by Barbara J

[M.O 6]

Agree...She may leave the US whenever she wants...But coming back she's going to need AP if she doesnt have the GC in time.

[supercool 0]

Thank you all for your help.

So basically I will have to file Form I-485 and Form I-131, one package?

[ryna 132]

Thank you all for your help.

So basically I will have to file Form I-485 and Form I-131, one package?

Yes, that's the quickest way to get it processed. You can file the I-131 separately, later, with the fee waived, but you need to wait for the NOA1 from the I-485 to do so which would slow things down up to a month or more.

You can also file the I-765 EAD (Work Authorization) with the I-485 without cost. Even if she doesn't plan on working, the EAD usually arrives earlier than the GC and can be used to obtain state-issued ID/DL before the arrival of the GC.