OPT getting married

[Lucyli 0]

I am in my OPT year and I got married. I am now applying for my green card and filling out my forms. I want to go home in the summer and my F1 visa is already expired. Can I apply for a advance parole document with my green card application to enter the us again after my vacation? 
thank you in advance 

[igoyougoduke 1,652]

on what status are you planning to reenter the US ?

[Lucyli 0]

That’s what I am not sure about. Do I have to enter as an F1 student and renew my visa in my home country or can I enter with an advance parole through my I-130/I-485 application?

 

[igoyougoduke 1,652]

if you travel  overseas while your green card is being processed, you will need to get your advance parole approved. Bear in mind that going on a short trip without a Advanced parole will affect your green card process. If you do so, the USCIS will assume that you have abandoned your green card process and you may have issues reentering the United States.

[geowrian 22,337]

You can apply for AP alongside your I-485.

If you leave after receiving the card is obtained, you should be fine.

If you leave before approval of AP, then the I-485 will be abandoned and denied, per the INA.

 

You cannot re-enter the US on F-1 status (or as a tourist) with intent to file for AOS. That would be fraud.