Question about Travel Card (semi-urgent)

[Trymester3 6]

Hello,

We received a letter from the USCIS dated September 25, 2014. It said that we may qualify for an Interview Waiver (so that we wouldn't need to do an interview in order to complete or I-485 process). It also said that due to delay, the process may not be complete for another 6 months (that sucks). I am an American Citizen, she is a Japanese citizen. We've done everything right thus far.

My main question is: How much are the work permission and travel permission connected to the I-485? Would my wife be able to work if she hasn't completed the I-485 process yet? More importantly, would she be able to travel (would the I-131 permission be granted), before the I-485 process is done? I ask, because my wife's grandmother is kind of sick, and she would love to go visit her. Would we have to start everything all over again if my wife were to travel back to Japan before receiving the travel card? Or there any special circumstances for when one wants to visit ailing relatives?

Any help would be greatly appreciated.

[Caryh 5,206]

She cannot work until she has the EAD. She can travel, but she cannot return without the AP, and you would have to start from scratch again. Although this time as a CR-1 and the green card would be issued right away as long as you paid the fee.

Include a copy of the NOA1 from the AOS application with the EAD and AP forms, and there is no cost for the EAD and AP.

[Trymester3 6]

Hello,

I am not fully aware of what your advice is. You mention the CR-1, but we didn't use that process since we did the whole K-1 Visa process. You say that she can travel without having the Advanced Parole (I-131 thing), but that she can't return without it. So...worse case scenario, she can still travel and I would just need to mail her the I-131 when it arrives, right? Please let me know if what I'm saying makes sense. Thanks.

[Beautifulday 16]

Hello,

We received a letter from the USCIS dated September 25, 2014. It said that we may qualify for an Interview Waiver (so that we wouldn't need to do an interview in order to complete or I-485 process). It also said that due to delay, the process may not be complete for another 6 months (that sucks). I am an American Citizen, she is a Japanese citizen. We've done everything right thus far.

My main question is: How much are the work permission and travel permission connected to the I-485? Would my wife be able to work if she hasn't completed the I-485 process yet? More importantly, would she be able to travel (would the I-131 permission be granted), before the I-485 process is done? I ask, because my wife's grandmother is kind of sick, and she would love to go visit her. Would we have to start everything all over again if my wife were to travel back to Japan before receiving the travel card? Or there any special circumstances for when one wants to visit ailing relatives?

Any help would be greatly appreciated.

If you apply for the AOS, EAD and AP all at once then you get your green card the latest of course, but you get the EAD and AP after a few months, so once she gets the EAD she can work then.

I think the way it is with a person leaving before getting the AP card is that they are not allowed to return to the USA until they receive their geen card. So if your wife were to leave before getting her AP, she would have to stay abroad until receiving the green card. But somebody correct me on this if im wrong.

[ryna 132]

Hello,

I am not fully aware of what your advice is. You mention the CR-1, but we didn't use that process since we did the whole K-1 Visa process. You say that she can travel without having the Advanced Parole (I-131 thing), but that she can't return without it. So...worse case scenario, she can still travel and I would just need to mail her the I-131 when it arrives, right? Please let me know if what I'm saying makes sense. Thanks.

I wouldn't suggest that. If she were to leave the U.S. and the AP were subsequently approved (only because USCIS hadn't yet recceived notice that she had left the U.S. and abandoned her AOS) and then you mailed her the card, upon her return, ICE would know that her departure date was prior to the AP being approved and she'd stand a good chance of not being let back in.

[Caryh 5,206]

Hello,

I am not fully aware of what your advice is. You mention the CR-1, but we didn't use that process since we did the whole K-1 Visa process. You say that she can travel without having the Advanced Parole (I-131 thing), but that she can't return without it. So...worse case scenario, she can still travel and I would just need to mail her the I-131 when it arrives, right? Please let me know if what I'm saying makes sense. Thanks.

Leaving without having AP approved, constitutes abandoning the green card application, so she cannot leave and have it mailed to her. Nothing prevents her from traveling, but it does throw away everything you've already gone through. To start over, you'd be filing for a CR-1 visa, as now you're married.

As her grandmother is sick, you can attempt to get this expedited through your local USCIS branch. But it will need to meet the criteria required, if her grandmother is just kind of sick, will get better, and it would be nice to visit, it may not qualify. And you must prove the illness.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Let me be very clear, unless you want to start the visa process from scratch, she should not leave the country until she has the AP card in hand.

[ryna 132]

If you apply for the AOS, EAD and AP all at once then you get your green card the latest of course, but you get the EAD and AP after a few months, so once she gets the EAD she can work then.

I think the way it is with a person leaving before getting the AP card is that they are not allowed to return to the USA until they receive their geen card. So if your wife were to leave before getting her AP, she would have to stay abroad until receiving the green card. But somebody correct me on this if im wrong.

No, because leaving without AP already approved terminates the AOS process. There will be no Green Card to wait for!

[Beautifulday 16]

No, because leaving without AP already approved terminates the AOS process. There will be no Green Card to wait for!

ok well my bad for wrong info, i tried, lol. thanks for correcting me

[ryna 132]

ok well my bad for wrong info, i tried, lol. thanks for correcting me

I just wanted to make sure the OP understood that leaving before AP is approved is the same as sending USCIS a letter saying "She no longer wants the Green Card. Please stop the process and keep the $1070."

[Caryh 5,206]

I just wanted to make sure the OP understood that leaving before AP is approved is the same as sending USCIS a letter saying "She no longer wants the Green Card. Please stop the process and keep the $1070."

[Pitaya 2,577]

~Moved from Fam.-based AOS to Working and Traveling During US Immigration Forum~

~Inquiry about EAD and AP processes~

[Trymester3 6]

Thanks for the info. Also I will check out that Emergency Travel page soon

[Lainie B 465]

Did you submit form I-131 and I-765 with the I-485? If so when were they submitted?

[Caryh 5,206]

Did you submit form I-131 and I-765 with the I-485? If so when were they submitted?

Sounded like they only submitted the I-485, under the belief the green card would be issued quickly.

[Trymester3 6]

Actually, we did submit all 3 forms. And, surprisingly yesterday morning, she received a United States of America Employment Authorization Card that also serves as I-512 Advance Parole. So, the good thing is that now she can travel.

The question I have though is that they mentioned she should try to not be out of the country for more than 30 days. If she decides to stay for longer than 30 days because her grandmother remains sick, how serious is it? Will USCIS really be hard on her given the circumstances?

Also, she'll be able to use this card to travel and this card alone, right? She has her Japan passport and this card (she has no social security # yet or any other form of US ID.

Any help would be appreciated. Thanks.