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Filed: Timeline
Posted

Hi guys, I sincerely appreciate your inputs, as I have been struggling with my current situation in AOS.

I am applying for GC after the marriage with my wife, and got RFE at the interview on 11/4/15. I submitted the RFE that were requested (more joint documents) a couple days after this.

As of today (12/29/15), I still have not received GC, nor change in the status of USCIS website.

I recently went to local USCIS, and was told by the guy at the window (not by appointment) that they usually do not even start looking at it until the due date listed on RFE. My RFE states that "Please submit the requested documents within 12 weeks...."

My questions are followings:

1) Does this really take longer than ~12 weeks from the interview (~February 2016) or even mcuh longer? We are planning for the actual wedding ceremony in Asia next spring and we cannot even start planning unless I know I can come back to the US.

2) If it does take that long, would I be okay re-entering US with EAD card only? I know this is conditional status and USCIS states that this does NOT guarantee readmission, and I do not want to risk it...

Please help me as we are so stuck in the wedding planning because of this. Thank you very much for your kind help.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You can re-enter the US with AP, as long as it is valid, while waiting for your green card to be approved. Did you file for AP at the same time as AOS and the EAD? Is your EAD actually an EAD/AP combo card that states "Serves as I-512 Advance Parole" at the bottom? If is says that and is unexpired, then you can use it. EAD and AP can be renewed, if you need to, while waiting for the green card to be approved. Renew well enough ahead of time.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Timeline
Posted

Thank you for your reply. It is EAD combo card, stating AP at the bottom.

I hear from the couple people saying that should not leave the country with AP unless emergency. That is why I was concerned.

Does anybody else have similar experience and were able to re-entry with no problem?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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