Travelling abroad before aos interview

[manisali45 7]

Hello everybody.hope there is some people to.help us here.My wife is the applicant.It was April they sent her work permit while we moved to Florida.that time Uscis sent her work permit.But post office sent her work permit back to Uscis because we were in different state and couldn't find us at previous address.After we moved I did address change and called uscis and did sr in June also July.It has been 3 months they still didn't send it yet.My question is She needs to go to her country next week.She doesn't have green card and work permit .Her interview is next month.What's your suggestion.Shall we visit local Uscis office, is there a way she can go and come back to Usa.What is your advice.Thank you

[TNJ17 1,329]

If she leaves the country, she won’t be coming back. Make an info pass appointment at your local USCIS office and straighten your mess out before she leaves. It will be a much bigger headache if you don’t. 

[geowrian 22,337]

If she exits the US without Advance Parole (AP), her AOS application will be deemed abandoned and she very likely will not be permitted back into the US without a CR-1/IR-1 (spousal) visa.

 

If the need to travel abroad is an emergency (they are very strict on this!) then she can make an Infopass appointment (or stop by and try for a walk-in) and request emergency AP.

Edited September 8, 2018 by geowrian

[britishandusa 446]

6 minutes ago, manisali45 said:

Hello everybody.hope there is some people to.help us here.My wife is the applicant.It was April they sent her work permit while we moved to Florida.that time Uscis sent her work permit.But post office sent her work permit back to Uscis because we were in different state and couldn't find us at previous address.After we moved I did address change and called uscis and did sr in June also July.It has been 3 months they still didn't send it yet.My question is She needs to go to her country next week.She doesn't have green card and work permit .Her interview is next month.What's your suggestion.Shall we visit local Uscis office, is there a way she can go and come back to Usa.What is your advice.Thank you

Does she have her advance parole? If not, she will not be allowed back in and you will have to start over with a spousal visa. 

[manisali45 7]

SHE doesn't have advance parol .How can she get it.It looks like it is better she wait for green card.We can't take this risk.

[geowrian 22,337]

12 minutes ago, manisali45 said:

SHE doesn't have advance parol .How can she get it.It looks like it is better she wait for green card.We can't take this risk.

She files an I-131. Send a NOA1 in lieu of payment.

ETA: ~4-6 months. The green card interview will likely be before that, but possibly not depending on the local USCIS office.

[manisali45 7]

SHE has I 131 travel document.this may help her .But it's very scary.

[janet3 1,170]

11 minutes ago, manisali45 said:

SHE has I 131 travel document.this may help her .But it's very scary.

So she has the Advanced Parole document but no EAD card? You stated the interview is scheduled for next month....is she returning for the interview?

[geowrian 22,337]

14 minutes ago, manisali45 said:

SHE has I 131 travel document.this may help her .But it's very scary.

That is AP. Then she is permitted to travel. Be sure to carry her passport + valid AP document, marriage certificate (especially if there was a change in name), and a copy of the I-485's NOA1 is suggest as well.

 

No entry is guaranteed. If the interview occurs while she is abroad, or the I-485 is denied for any other reason, she won't be able to return. there is a risk, albeit a very low one.

[manisali45 7]

8 minutes ago, geowrian said:

That is AP. Then she is permitted to travel. Be sure to carry her passport + valid AP document, marriage certificate (especially if there was a change in name), and a copy of the I-485's NOA1 is suggest as well.

 

No entry is guaranteed. If the interview occurs while she is abroad, or the I-485 is denied for any other reason, she won't be able to return. there is a risk, albeit a very low one.

We called Uscis and talked to Tier 2.They told us the same thing.even if she has I 131 travel document no entry guaranteed.So she better wait till she gets her green card.We can't go all through again.It's very stressful process.

[manisali45 7]

9 hours ago, janet3 said:

So she has the Advanced Parole document but no EAD card? You stated the interview is scheduled for next month....is she returning for the interview?

Yes , we will return for the interview.SHE has  the I 131 travel form also we can go to local uscis office just to be sure.What's your advice.Thank you.

[Diane and Chris 651]

OP,  your post is not clear. First you say she did not get EAD because you moved. Then you said she has her I-131 travel form.  How did she get that without EAD?  In most cases you are sent a combo card for EAD and AP. If you are not sure what she has and her interview is scheduled for next month, it would be wise to stay here until she receives her green card. 

[manisali45 7]

13 hours ago, britishandusa said:

Does she have her advance parole? If not, she will not be allowed back in and you will have to start over with a spousal visa. 

SHE has i131 travel document.and we will visit local uscis office to be sure.

[manisali45 7]

1 hour ago, Diane and Chris said:

OP,  your post is not clear. First you say she did not get EAD because you moved. Then you said she has her I-131 travel form.  How did she get that without EAD?  In most cases you are sent a combo card for EAD and AP. If you are not sure what she has and her interview is scheduled for next month, it would be wise to stay here until she receives her green card. 

This what we don't understand except work permit she got other mails.Usps sent back only work permit to the Uscis.So we will go to the local office this week and be sure.If they say there is a risk we won't leave the country.

[Loren Y 2,755]

Just to note, even with a green card you are not guaranteed entry to the United States, only US citizens are Guaranteed entry. It may be guaranteed entry in a pair of handcuffs, but it is guaranteed entry. I don't know that the green card carries more weight than AP or not, but since you would then be an LPR I think it would look better.