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My problem its that my status on AOS and i want to visit paksitan bc my mother is ill iw ant to know its safe ya travel with advance parole or nop.pls guide me what i do and my fiance visa have aslo expired...

As long as you have the AP/EAD combo card and filed for AOS within 180 days of your I-94 expiring, you can travel on the AP. Just to be correct, your K-1 visa expired the day you used it to enter the US. The I-94 is the ruling immigration document and as long as you did not have an "over-stay" of more than 180 days from the time the I-94 expired and you applying for AOS then the AP is valid. If you files more than 180 days then the "over-stay" or out-of-status time would make the AP card invalid and you would not be allowed to re-enter the US.

Sounds like you are good to go.

Dave

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Filed: Citizen (apr) Country: Ireland
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*** Moving from K1 visa to Traveling during US immigration forum *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: Pakistan
Timeline

As long as you have the AP/EAD combo card and filed for AOS within 180 days of your I-94 expiring, you can travel on the AP. Just to be correct, your K-1 visa expired the day you used it to enter the US. The I-94 is the ruling immigration document and as long as you did not have an "over-stay" of more than 180 days from the time the I-94 expired and you applying for AOS then the AP is valid. If you files more than 180 days then the "over-stay" or out-of-status time would make the AP card invalid and you would not be allowed to re-enter the US.

Sounds like you are good to go.

Dave

Dear i enter in USA at 2/24/2012 and i got 1-94 card with it in that my expired date its written may/23/2012 my problem its that i have send my documents for AOS just last week bc of some money problem and now i want to go pakistan so can i go if my visa and 1-94 both have expired pls tell me

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Filed: Timeline

Dear i enter in USA at 2/24/2012 and i got 1-94 card with it in that my expired date its written may/23/2012 my problem its that i have send my documents for AOS just last week bc of some money problem and now i want to go pakistan so can i go if my visa and 1-94 both have expired pls tell me

You need an Advance Parole in order to leave the U.S. and come back. Otherwise your AOS will be abandoned, and you won't be able to enter the U.S. for 3 years because you have overstayed for more than 6 months. Do you have an Advance Parole? Since you only sent in your AOS (and I'm assuming an Advance Parole application along with it) last week, I'm assuming that you don't, since it usually take several months. If your mother is really ill I think you can go to your USCIS office and ask for emergency Advance Parole, but they might not give it to you.

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Filed: K-1 Visa Country: Pakistan
Timeline

You need an Advance Parole in order to leave the U.S. and come back. Otherwise your AOS will be abandoned, and you won't be able to enter the U.S. for 3 years because you have overstayed for more than 6 months. Do you have an Advance Parole? Since you only sent in your AOS (and I'm assuming an Advance Parole application along with it) last week, I'm assuming that you don't, since it usually take several months. If your mother is really ill I think you can go to your USCIS office and ask for emergency Advance Parole, but they might not give it to you.

thz for the reaply i aslo submitt advance parole with my AOS papers my mother is ill but no so much but can u tell me if i will get my advance parole in 3 months so can i travel outside and return back to USA...

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You should receive advance parole within 90 days from the application, if there are no RFEs. But potentially there is a concern with traveling since you waited more than 180 days past the expiration of your I-94 before filing. Until recently, that meant that leaving the US before your adjustment of status was approved would result in denial, even if advance parole had been approved. As "newacct" mentioned, there was a ruling last year that may have changed the situation but a lot of people still consider it risky. The most conservative thing to do is to wait until your adjustment of status is approved (i.e. green card granted) before you travel. That could also be as soon as 3 months from filing, or as long as 9 months.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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  • 3 months later...
Filed: K-1 Visa Country: Pakistan
Timeline
I need some informations my mother havea
Cataract surgery she is waiting for me bc by from one eye she is blind but i have apply today for I-485 so can i will apply for emergence advance parole or what i do pls guide me.
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