Expedite/EAD 2 year permission abroad

[Pamola 10]

Long time lurker here. This is an excellent source of collective information. Let me tell you about our situation and hopefully someone can provide some insight. 

 

We are currently on the AOS process. We had a biometrics appointment in March but of course that is getting pushed back to late July (it seems). I (the petitioner) also just received a job offer for 2 years abroad that would start in January. I clLED USCIS and was told that we could apply to expedite the Green Card after biometrics (~2 months) and then apply for permission to live abroad for a maximum of 2 years upon receipt of the Green Card. 

 

Does this seem at all possible? Are there any other options? I need to make a decision on the job in the next week or so. Obviously nothing will have changed with our status but I'm trying to gather information to make an informed decision. Thank you so much for any help!! 

[Quarknase 1,072]

It seems tight, but possible. And probably the only way to secure a move back to the US together (and at the same time) after those two years.

The Problem with AOS is, that (unless the beneficiary is holding a different visa like H1-B while adjusting), moving outside of the US before AOS completion would result in accrued overstay/unlawful presence from the day the I-94 expired. Overstay of more than 180 days triggers an automated 3 year ban from entering the US, more than a year triggers a 10 year ban.

Witb that said - if the beneficiary currently holds a valid visa until the time you plan to leave, you could pull AOS now (would lose the fee) and apply for CR1/IR1 on time to return to the US (probably halfway through the 2 years), if the beneficiary is already in  “authorized stay through AOS filing” and no other valid visa in hand, the expedite and applying for re-entry visa are your best bet I think.

Maybr others have different ideas

[Pamola 10]

Quarknase, thank you so much for replying. The beneficiary doesn't hold a valid visa as she only arrived via the K-1. Had it not been for the pandemic, we would be well on the way to getting the AOS in time.

 

I spoke with USCIS yesterday and they said the expedite process should be 2-3 months but can only be requested after the biometrics.

 

This all seems pretty straight forward, but it seems we then would need to be approved for the expedited process, THEN apply for the re-entry permit, and all before leaving at the end of December.

 

Hopefully that clears it up, and thanks again for your help. Maybe others do indeed have different ideas.