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VINAYKUMAR

Travelling to India while I-130 & I-485 are under process

By VINAYKUMAR in Adjustment of Status from Work, Student, & Tourist Visas

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VINAYKUMAR Newbie

VINAYKUMAR   0

Posted
Timeline
Posted (edited)

I am visiting my son ( who is USA Citizen ) on B2 Visa. About 15 days back, I have concurrently filed I-130 & I-485. 

Now I have to visit India due to urgent family issues.

Please guide me as to how I can travel to India without jeopardizing my status & chances to get my GC at the earliest ??

Thanks

 

VINAYNUMAR

Edited by VINAYKUMAR
Crazy Cat Grand Master

Crazy Cat   42,416

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
8 minutes ago, VINAYKUMAR said:

I am visiting my son ( who is USA Citizen ) on B2 Visa. About 15 days back, I have concurrently filed I-130 & I-485. 

Now I have to visit India due to urgent family issues.

Please guide me as to how I can travel to India without jeopardizing my status & chances to get my GC at the earliest ??

Thanks

 

VINAYNUMAR

You cannot exit the US without abandoning your adjustment of status unless you have been granted normal or emergency advance parole......such is a limitation of adjusting......advance parole takes 5-6 months after filing.  Did you file an I-131?

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,416

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

By the way:  You are not visiting if you have filed an I-485.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

Unfortunately you can’t have your cake and eat it too. If you must go back home to deal with the emergency (and I’m sorry it’s happening) then you abandon your AOS and Stay in India until your I130 is approved. Once you have your greencard you can freely go in and out of the country (some limitations of course)

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

* Moved from AOS From K-1/K-3 Progress Reports forum to AOS From Work, Student, and Tourist Visas *

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

 

SalishSea Grand Master

SalishSea   18,170

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
On 2/22/2020 at 3:11 PM, VINAYKUMAR said:

I am visiting my son ( who is USA Citizen ) on B2 Visa. About 15 days back, I have concurrently filed I-130 & I-485. 

Now I have to visit India due to urgent family issues.

Please guide me as to how I can travel to India without jeopardizing my status & chances to get my GC at the earliest ??

Thanks

 

VINAYNUMAR

Nope.  One of the drawbacks of trying to adjust status on a B2 visa.....

Lil bear Mentor

Lil bear   4,346

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
On 2/23/2020 at 10:11 AM, VINAYKUMAR said:

I am visiting my son ( who is USA Citizen ) on B2 Visa. About 15 days back, I have concurrently filed I-130 & I-485. 

Now I have to visit India due to urgent family issues.

Please guide me as to how I can travel to India without jeopardizing my status & chances to get my GC at the earliest ??

Thanks

 

VINAYNUMAR

You can’t.
If you must leave the AOS will be abandoned.

Also, as you will have indicated immigrant intent by your willingness to enter using a tourist visa and then adjust your status while visiting , you might well be refused entry into the US the next time you attempt to enter using the B2 visa

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

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