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Filed: Timeline
Posted

I got married in February, I did not change my last name. I filed I-485 to adjust my status, at the same time, I also applied for advance parole to allow me to go back to China for 6 weeks. I'm leaving in 3 weeks, and my husband is coming with me. I received my EAD/AP combo card last week. My question is when I come back from China, what documentations do I show to the Immigration Officer at the airport? I'm going to school this fall and also I work on campus, do I still use my I-20 to prove I'm a student? I'm really confused.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Welcome to the forum.

Please be so kind as to provide more information, such as, visa type, etc. It will help people better understand your situation and formulate accurate responses.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Timeline
Posted

Welcome to the forum.

Please be so kind as to provide more information, such as, visa type, etc. It will help people better understand your situation and formulate accurate responses.

I was on student visa, F1, and my visa expired in May 2012. I just read from another web, it says

"A note: Many applicants who have lived in the United States for a while have let their visas expire. While they are back in legal status once the I-485 is on file with USCIS, they should not apply for the advance parole document if they were out of status for more than 180 days. Applicants who were out of status for more than six months in the United States will be ineligible to reenter the country after they left, even if they initially entered the US with a valid visa."

Since my student visa has been expired over a year ago, does it mean I will not be able to come back even though I have already received my Advance Parole?

Posted

Yes, if you have been out of status for over a year, you should not travel at all while your AOS is pending, even with the AP. USCIS will issue the advance parole document to anyone who applies for it and qualifies for it, regardless of whether or not you are actually in a position to use it. Because of your overstay you are subject to a ban, which might take force the minute you leave the US and the AP won't protect you from that. Unless there have been some recent changes to this that I am not aware of, you absolutely should not travel abroad until your AOS has been fully approved and you have the green card in your hand.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Posted

There's an important difference between your previous F-1 student visa (a travel document), and your previous valid(?) F-1 student status (governed by SEVIS and your I-94). If you were in valid F-1 status, meeting all the SEVIS requirements, it doesn't matter that your visa was expired - you haven't accumulated any unlawful presence and you can travel with the advance parole card without difficulty.

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

Removal of conditions, Aug - Nov 2014

 
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