Really need help - traveling over Christmas 2011

[kaussie 0]

Hi there,

So I have contacted a lawyer through my work and wanted to get a second opinion - I searched the boards for lawyer help in NYC but saw that most people really encourage everyone to handle this on their own. As such - I'm hoping you guys can help. I have made many mis steps in the process and this is my current situation.

I have an E3 visa extension which I did not realize did not permit me to travel (I have had two E3s in the past and have always traveled on them.) With an extension you give up the E3 if you leave. However, I was booked to fly home out of the U.S. for Christmas 2011.

While on my E3, I married a US citizen and I filed the I-130 and I-485 with a priority date of Nov 10. I thought it would come through much more quickly and am only just realizing it will take 5 months or more. So I have a biometrics appointment for December but did not realize I would wait another 2-3 months for an interview.

As such I alerted my work and lawyer today and they are advising that I do not travel at all. Their advice (all of which I am unsure of):

1) You can't file for another E3 while abroad (which I intended to do once I realized my extension would finish if I left.) Because you are married the E3 will not be granted.

2) You can't leave because you don't have Advanced Parole, which will take 60 days to get.

3) If you leave, you can't work when you get back because you won't have an EAD. That takes 90 days to get.

I'm really disappointed because it was going to be my husband's first trip to my home, and also because we have already paid for both tickets. Thirdly, it's Christmas! Any advice or second opinions are much appreciated. I know I messed this all up by not filing in advance for AP and EAD - I just never realized I had to or that my E3 extension would become invalid.

[Darnell 8,478]

My second opinion -

The lawyer is correct. No LoopHoles for you.

[Little_My 464]

Agreed. Once you file the AOS, the previous visa became invalid. You won't be able to travel under the E3 status anymore. If you leave the US without the AP document, your AOS will be considered abandoned, and not only will you lose all the money you put in this process, but you won't be able to return to the US. You would have to stay in your home country and file for the CR-1 visa, which takes around 9 months to get.

Unfortunately I don't see more than two options for you..

1. Cancel the trip, spend holidays in the US, and don't travel until you have the greencard

2. Leave and abandon your AOS

[Harsh_77 718]

Lawyer is correct, unfortunately there is no way around your situation.