Travel while AOS is pending

[mike48084 0]

Hello,

My wife entered the US on a K-1 visa and we have submitted the I-485. At the same time we applied for the EAD and AP. How long can you be outside of the country with a pending AOS and with an AP?

The reason being, my wife is pregnant and considering giving birth in her home country. This would mean that she would be outside the US for about 4 - 6 months. (probably around October to February next year)

Does anyone see any issues with this?

One potential issue I can see is if the interview get scheduled for sometime during this 4 - 6 month window.

Thanks

[Dave&Roza 748]

Hello,

My wife entered the US on a K-1 visa and we have submitted the I-485. At the same time we applied for the EAD and AP. How long can you be outside of the country with a pending AOS and with an AP?

The reason being, my wife is pregnant and considering giving birth in her home country. This would mean that she would be outside the US for about 4 - 6 months. (probably around October to February next year)

Does anyone see any issues with this?

One potential issue I can see is if the interview get scheduled for sometime during this 4 - 6 month window.

Thanks

Using the AP is just like her ability to travel as a LPR. Typically trips of less than 6 months are not questioned. Trips of 6 months to 1 year can get scrutiny, but if it is a single trip and she can show that she has maintained ties to the US, there is not a problem. Anything greater than 1 year requires a re-entry permit to be applied for before leaving the US. Longer than 2 years and you usually can kiss the GC good-bye. There are also ramifications for begin outside the US for a period more than 6 months when it comes to the ability to apply for USC. I suggest you go to the USCIS website and look at maintaining your LPR status so you wife does not put her GC at risk in the future.

She will have to come back to the US for the interview should you have one. Just be aware that if she returns using the AP, she will typically be sent to secondary inspection so plan on extra time for any connecting flights.

Dave

[KayDeeCee 4,895]

You will have to deal with the child being born abroad too > https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

[Unidentified 2,930]

If I understand correctly Japan's healthcare is partially paid for by the government. She should make sure that she is still covered by that as she is now living in the US.

For example when I go back to Sweden I can not enjoy our "free" healthcare, only if I go to the ER. If I go see a doctor at a clinic I have to pay for everything myself or have travel insurance as I am "a Swedish citizen living abroad".

I don't know if she wants to have the child in Japan because she has family there or because of medical costs. If it's the later she should make sure the above example does not apply to her as well. Though again, I am not sure how Japan works. I am just giving you an example from my own experience.

[mike48084 0]

Regarding healthcare, she can re join the Japanese healthcare system when she returns. She just has to start paying the monthly premiums again, so I

My main concern is if we have to interview for the GC, and the interview get scheduled for sometime during the 4 - 6 month window when she is in Japan.

We just had our biometrics done on 7/7/16. So, judging from AOS processing time statics, it appears that if there is an interview, it would be some time in December, January time frame. My wife would be in Japan from around October to Feb. If this does happen and my wife is in Japan, she will be unable to come back to the US to take the interview.

If it possible to reschedule the GC interview toa few moths later?

Thanks!