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Filed: Citizen (pnd) Country: China
Timeline
Posted

Any time you leave the US and come back, the border officer has the ability to deny you entry.  So, if you have ever overstayed a visa in the US, or were very late in filing your AOS, then it could be risky, as they could use that as reason to deny you entry.  However, if everything is perfectly in order and you have your AP card in hand, there should not be any problem.

The other risk to consider is whether you might miss your green card interview, which would be very bad.

K1

Spoiler

12/18/2015- NOA 1

1/29/2016- NOA 2

2/18/2016- Letter from NVC saying they're forwarding to Guangzhou

3/4/2016- Received P3, returned it about a week later

3/22/2016- P4 email

5/12/16- Interview. Approved!

5/16/16- After a few days saying administrative processing, CEAC now says issued!

Additional snafu: my fiancé came over on his visa, but just a month later (and the day before we were going to get married) he had an emergency that necessitated him returning to China.  I contacted the Guangzhou consulate via their email system, provided the requested documents/proof, and he was granted a second interview for "reissuance."  He had to re-do the medical, redo the interview (bringing yet another copy of all of the things he had to bring the first time) and we were approved again!  He received what looked like a new visa in his passport, but the original 90 day countdown for marriage was still ticking.  He came back to the US and we got married right away!

8/22/16- Married!

 

AOS

 

 


9/30/16- Filed for AOS, EA, AP

10/6/16- NOA 1 for AOS, EA, and AP (USCIS case status website says case was received on October 4th)

11/9/16- Bio appointment

12/13/16- EA and AP approved!

no news... case status on website still says "fingerprint fee received..."

4/11/17- submitted online service request for case out of normal processing time (over 6 months)

5/2/17- USCIS website updated to "My card is being produced!"

5/10/17- Green Card received

 

 

ROC

3/2/19- Filed ROC

3/8/19- NOA/18mo extension received

5/7/19- Bio appointment

9/2/20- Interview scheduled for next month!

 

 

Posted

Being denied entry due to a previous overstay is no longer an issue for someone with a pending I-485 and valid AP per Matter of Arrabally. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Generally, you should be perfectly fine. CBP can still technically deny entry (re-entry is not guaranteed), but there would need to be a good, compelling reason. People travel with AP regularly just fine.

 

How long will you be out of the country? If it's a considerable amount of time (i.e. a couple/few months or more), or a bunch of small trips that cumulatively add up, then it could pose a risk of CBP believing you have abandoned your claim.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (pnd) Country: China
Timeline
Posted
10 minutes ago, Hypnos said:

Being denied entry due to a previous overstay is no longer an issue for someone with a pending I-485 and valid AP per Matter of Arrabally. 

Oh, interesting.  Thanks for sharing!

K1

Spoiler

12/18/2015- NOA 1

1/29/2016- NOA 2

2/18/2016- Letter from NVC saying they're forwarding to Guangzhou

3/4/2016- Received P3, returned it about a week later

3/22/2016- P4 email

5/12/16- Interview. Approved!

5/16/16- After a few days saying administrative processing, CEAC now says issued!

Additional snafu: my fiancé came over on his visa, but just a month later (and the day before we were going to get married) he had an emergency that necessitated him returning to China.  I contacted the Guangzhou consulate via their email system, provided the requested documents/proof, and he was granted a second interview for "reissuance."  He had to re-do the medical, redo the interview (bringing yet another copy of all of the things he had to bring the first time) and we were approved again!  He received what looked like a new visa in his passport, but the original 90 day countdown for marriage was still ticking.  He came back to the US and we got married right away!

8/22/16- Married!

 

AOS

 

 


9/30/16- Filed for AOS, EA, AP

10/6/16- NOA 1 for AOS, EA, and AP (USCIS case status website says case was received on October 4th)

11/9/16- Bio appointment

12/13/16- EA and AP approved!

no news... case status on website still says "fingerprint fee received..."

4/11/17- submitted online service request for case out of normal processing time (over 6 months)

5/2/17- USCIS website updated to "My card is being produced!"

5/10/17- Green Card received

 

 

ROC

3/2/19- Filed ROC

3/8/19- NOA/18mo extension received

5/7/19- Bio appointment

9/2/20- Interview scheduled for next month!

 

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Thread is moved from General Immigration Discussion to the Working & Traveling forum, to be among similar threads.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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