special travel while GC processing

[maglan 0]

dear all

i got married 3 month ago with US citizen women (my dear wife)

before i was in US on O1 visa that expired 2 month before i got married

right after we married we submit the papers with the lawyer

i went to give finger prints and now im waiting to hear from them

i want to fly next week for religious reasons (the jewish have an holyday that the last 9 month im spending this special day with my rabai not in US)

the lawyer used infopass and i have an appointment during this week

do i have chances to get special permit to travel for few days for this reason?
thank you

[Penguin_ie 5,996]

Fairly good chance, they understand New Year is a big deal.

However, with your O visa expired before you filed, you overstayed from then until you filed for AOS, so while you may be granted AP to travel, it may still be risky to use the travel permit. Your rabbi will understand the spcial circumstances, and may be able to refer you to a collegue in the US.

Edited August 25, 2013 by Penguin_ie

[maglan 0]

Fairly good chance, they understand New Year is a big deal.

However, with your O visa expired before you filed, you overstayed from then until you filed for AOS, so while you may be granted AP to travel, it may still be risky to use the travel permit. Your rabbi will understand the spcial circumstances, and may be able to refer you to a collegue in the US.

thank you for your answer

so just to be sure i understood

even if i will get the permit from them to fly i can still find my self on the way lacking enter inside US ???

[Penguin_ie 5,996]

Yes, because USCIS (who approved the AP) and CBP (who does immigration when you come back at the airport) are two different entities and don't always agree with eachother. I am not sure if it will be a problem with an O visa- hopefully someone with specific experience will come along, weekends tend to be quiet around here- but I know with the visa waiver it would be an issue.

[maglan 0]

Yes, because USCIS (who approved the AP) and CBP (who does immigration when you come back at the airport) are two different entities and don't always agree with eachother. I am not sure if it will be a problem with an O visa- hopefully someone with specific experience will come along, weekends tend to be quiet around here- but I know with the visa waiver it would be an issue.

thank you very much mean time

[maglan 0]

so the lawyer said that cant be problem

the worth thing they can call me to a room and telephone my wife to confirm that she still marry me and still want to do the process with me .

jope he is right

thanks again

[hmh33 117]

Two months of overstay isn't enough to trigger any bans, so as long as you are granted advance parole before you leave, you should be fine.

[maglan 0]

thank you every body