Both of us going abroad for school while processing Adjustment of Status

[Visa Journey User 0]

Thank you to the people who have helped with my questions so far.

My SO arrived in April and we were married on an I129F/K1, we immediately sent in the paperwork for I485/AOS, and she applied for an I131/Reentry Permit at the same time, as well as the EAD. My SO received confirmation of having received the I485 for processing May 10th, and has just received a letter saying her biometrics appointment is June 16th. That is at the York office, and our USCIS office is Philadelphia.

My SO and I have both been accepted into graduate programs in Europe. The plan was to continue processing the GC until she received it, and then she would come join me in Europe (where I had already started the program around the beginning of September). That means that if I leave soon, I would have to make a trip back for the GC interview. For Philadelphia it looks like roughly 150 days on this site, but the USCIS processing page lists 1 year. That means the earliest the appointment could happen would be near Christmas, but it would likely be later. And since she applied for a reentry permit and not advance parole, she would have to wait in the US while the AOS processed before the interview, after which time she could leave and use the reentry permit to come back.

Since she has to start her program too, that is too long to wait. Perhaps if she had filed an I131 for advance parole instead of a reentry permit, she would be able to leave while still waiting for the interview, but then it would need to be switched to a reentry permit anyway because of the school commitment in Europe. I asked about filing for both AP and reentry, but don't yet know the answer to that question.

I'm wondering if the better thing to do here is change the AOS to consular processing and just complete it in Europe. She would then still have the reentry permit (I'm assuming), allowing her to travel back and forth with me, with a green card, while we both attend school. Basically we would get around this temporary issue of processing and not being able to leave before the GC interview, and would just have the interview in her home country where we will be anyway, which is France by the way. I'm fighting hard to try to get AP and reentry, because I'm trying to keep the process flowing in the US. Perhaps what's better is just concede that processing abroad would be smarter since we'll be abroad, and switch it with an I824.

If that sounds right, would I just file an I824, followed by an AC140? What time frame would I be looking at for that change?

[Penguin_ie 5,996]

You cannot do AOS in Europe; Adjustment of Status can only be done inside the USA. Trying to get AP asap seems the most sensible thing. If not, depending on how long you plan to be in Europe, abandoning it and then petitioning for a CR-1 spousal visa when you are ready to return to the USA is also a possibility.

I am curious why you did the K1 at all? It would have been easier to keep visiting on the VWP (or tourist visa as appropriate) until you guys are ready to live in the USA permanently.

[aleful 1,905]

hi

she did, she filed for advance parole,

the i131 has a dual purpose, it serves as advance parole for those waiting for a green card interview, they can leave and return for a short period of time

and also it serves as a reentry permit for those who have a green card and need to be out of the country for up to 2 years and not loose their GC

if she filed as a reentry permit and filled it out as a reentry permit, it will be denied, she should have filled it out as requesting advance parole

Ii also agree, why try to file for a green card if you're not ready to live here? that was a waste of money and time, and as said, the adjustment of status is done in the US, that's the purpose of the K1, a one time entry to marry and adjust status in the US

Edited June 12, 2016 by aleful

[arken 4,197]

Her AOS is based on K1 petition and so cannot be switched to consular processing. Only the spousal petition based cases (through i-130) can be switched back and forth depending on where the beneficiary is. So if you were to go with the consular processing, you have to start the whole spousal visa process starting with i-130.

Are you sure she applied for Reentry Permit and not the Advance Parole? My understanding is that you can apply for Reentry Permit only if you have a GC, With i485, you can apply for Advance Parole only not Reentry permit. May be others can chime in. She will know anyway once she gets the card whether its a AP or RP.

[KayDeeCee 4,896]

The K-1 does not seem to be the correct visa for you to have applied for. Should have married and waited until your school abroad was over, and then entered with a spousal visa.

I did answer about the reentry permit in your other thread here > http://www.visajourney.com/forums/topic/598928-aos-processing-applying-for-both-ap-and-reentry-permit-together/

A reentry permit is for those that are already permanent residents. Once her AOS is approved and she becomes a permanent resident, then she could file for a reentry permit that would allow her to remain outside the US for up to 2 years. > https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf