GC Not in hand, but must travel (AP in hand)

[Oscar and Natalie 0]

Hello VJ,

It seems every time I come up with a difficult situation in this journey with my wife I ask VJ what they think, and usually I always feel better. So, here it is.

I just received notice today that my wife (K-1 visa, I-485 adjustment of status application) was transferred to CSC for processing. From what I gather this is a very good thing. It typically take 2-3 months to reach a decision. Ideally, we would like it if it only took 2 months on the dot front this point to receive green card in hand, and of course less time would be ideal. I am a member of the armed forces, and would be leaving the country on deployment in November. My wife would like to travel to her native peru either before or after I leave. From what I understand many cases which are transferred to the CSC usually do not require an interview, but then again some might.

I'm throwing this hypothetical situation out there to get your feedback on. Lets say the time has come for me to leave, and at that point we have received the combo EAD/AP card in the mail, and are waiting for the GC to arrive (We have received official notification from USCIS that the case was approved, but GC has not been sent for production). At that moment would it be okay for her to leave the country to be with family while I'm on deployment away from the country without having received the green card? Next question: When returning to the US, what document would she present to the POE officer considering she left after receipt of AP card, but before receipt of GC? Of course, I would make arrangements to have her GC DHL'ed/Fed-exed to her after she had left the country.

Thanks,

Oscar and Natalie

[Little_My 464]

If she leaves with the AP and returns without the physical GC, she will use the AP to re-enter. Even if the GC has been issued while she was abroad, she can still be paroled back into the country. Though the IOs at POE can see on their computer that she was in fact issued a GC, they cannot admit her as an LPR unless she actually has the physical GC with her.

FedExing it is an option, but it's a bit risky. First of all, things get lost in the mail all the time, and GCs are valuable goods that get stolen while in transit all the time. I also believe it's actually illegal to mail it.

I had my interview in NYC on July 20th, left back to Finland on July 21st and was approved on July 22nd. My GC obviously arrived while I was abroad. I returned using my AP without any issues even though my GC had been issued, and was paroled back into US. Next time I leave, I will obviously return as an LPR.

As long as she has her AP (and no previous overstays to worry about), she should be fine to travel.

[Oscar and Natalie 0]

If she leaves with the AP and returns without the physical GC, she will use the AP to re-enter. Even if the GC has been issued while she was abroad, she can still be paroled back into the country. Though the IOs at POE can see on their computer that she was in fact issued a GC, they cannot admit her as an LPR unless she actually has the physical GC with her.

FedExing it is an option, but it's a bit risky. First of all, things get lost in the mail all the time, and GCs are valuable goods that get stolen while in transit all the time. I also believe it's actually illegal to mail it.

I had my interview in NYC on July 20th, left back to Finland on July 21st and was approved on July 22nd. My GC obviously arrived while I was abroad. I returned using my AP without any issues even though my GC had been issued, and was paroled back into US. Next time I leave, I will obviously return as an LPR.

As long as she has her AP (and no previous overstays to worry about), she should be fine to travel.

Are there any limitations that you are aware of regarding length of time staying outside the country, and then attempting to be paroled back into the country. Is this information contained on the AP document?

Thanks,

Oscar and Natalie

[Inky 1,110]

Its not recommended to be gone longer than 6 months and if she will be gone 1 year she needs to apply for a reentry permit before she leaves.

[Oscar and Natalie 0]

Its not recommended to be gone longer than 6 months and if she will be gone 1 year she needs to apply for a reentry permit before she leaves.

I notice in your timeline it says "Touch", what does this mean?

[Inky 1,110]

I notice in your timeline it says "Touch", what does this mean?

Touch is when the update date changes but no major action is taken that is announced. To see it you would log on to your USCIS account and check the status page where your case portfolio is set up. The date changed? that is a touch. They either opened my file added something to it, spill coffee on it, anything.