I-512, I-131 Approved, Pending I-485, VWP, Should We Travel?

[uschogm 0]

I am a USC and my wife entered the US on the Visa Waiver Program from Singapore, her stamp allows her to stay until July 31, 2014.

We have applied for AOS, I-485, I-131, I-765 and previously we filed an I-130 (before we came back to the US) and all items are currently in review, biometrics have been done and a RFE has been submitted. We have not received any notification for Interview and Testing as of yet.

Her father has become ill and she applied for an expedited AP to visit him, which she was approved for on July 21, 2014. We made plans for her to fly back to Singapore this coming week. Her I-512 states that she must be back by August 21, 2014.

In the meantime, her I-131 was approved today on July 25, 2014 and states that it is in production.

My questions in regards to this are:

- Is it advisable for her to leave the country and come back, seeing as how she entered before on the VWP and not any other kind of visa. She has not overstayed her VWP as well.

- The I-512 states she must be back by August 21, but now that the AP card is being sent to us in the mail. Can she use the AP card to stay out of the US past August 21 now?

My concern is obviously the fact that she will not be allowed back into the US because she came in on a Visa Waiver. But she does have a pending application under review and a valid AP.

Thank you very much for your advice and help in advance.

[eapa34 0]

It is not advisable for her to leave the country as it will add more questions during your interview and might or might not hurt your case for her AOS. I just got my wife AOS finished but i believe there was a person before me that got questioned for leaving out of country during the process. (just overheard them talking to their lawyer about it.)

If it is not very critical important then I will advice you not to do so.

[Dave&Roza 748]

I am a USC and my wife entered the US on the Visa Waiver Program from Singapore, her stamp allows her to stay until July 31, 2014.

We have applied for AOS, I-485, I-131, I-765 and previously we filed an I-130 (before we came back to the US) and all items are currently in review, biometrics have been done and a RFE has been submitted. We have not received any notification for Interview and Testing as of yet.

Her father has become ill and she applied for an expedited AP to visit him, which she was approved for on July 21, 2014. We made plans for her to fly back to Singapore this coming week. Her I-512 states that she must be back by August 21, 2014.

In the meantime, her I-131 was approved today on July 25, 2014 and states that it is in production.

My questions in regards to this are:

- Is it advisable for her to leave the country and come back, seeing as how she entered before on the VWP and not any other kind of visa. She has not overstayed her VWP as well.

- The I-512 states she must be back by August 21, but now that the AP card is being sent to us in the mail. Can she use the AP card to stay out of the US past August 21 now?

My concern is obviously the fact that she will not be allowed back into the US because she came in on a Visa Waiver. But she does have a pending application under review and a valid AP.

Thank you very much for your advice and help in advance.

I would leave using the AP, but I would return before the August 21st date just to be safe that they do not mix up the two applications. If her father is still ill after a month, I would than return with the AP card or maybe the GC will have been issued by then. I understand another trip is expensive, but weigh that against the cost of a spousal visa and her having to wait the process out in her country--the two of you not being together. If you notice the AP card is also an I-512. That is why I would follow the deadline of the expedited AP card and return by the 21st of August and then return using AP card that was just approved or better if she receives the GC and uses that.

Good luck,

Dave

[eapa34 0]

It is not advisable for her to leave the country as it will add more questions during your interview and might or might not hurt your case for her AOS. I just got my wife AOS finished but i believe there was a person before me that got questioned for leaving out of country during the process. (just overheard them talking to their lawyer about it.)

If it is not very critical important then I will advice you not to do so.

Sorry i missed the part where her father is ill. I would travel and come back before the specified date.

Edited July 25, 2014 by eapa34