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Filed: AOS (apr) Country: Hungary
Timeline
Posted (edited)

Hi everybody! We went through the K1 process and expecting my now wife's AoS interview in March 2021. Our situation has unfortunately changed and need to stay in our home country for the next 1-2 years after which we plan to settle permanently in the USA. My understanding is that we have two choices: we can either abandon the K1 process (not return to the US before the AP expires on 2/22/2021) and file for an IR-1 in 6 months (when we are 2 years married) or do return, attend the GC interview, and once the GC is in hand, file for a re-entry permit. We are worried that we would have to wait for the biometrics appointment many months which we can not do. Is it possible to leave the USA after the I-131 is filed and return for the biometrics interview? Thank you for all your advice.

 

Edited by mlck78
Posted
20 minutes ago, mlck78 said:

Is it possible to leave the USA after the I-131 is filed and return for the biometrics interview?

Yes, that is allowed for reentry permit. 8 CFR § 223.2(b)(1): "Reentry permit. An applicant for a reentry permit must file such application while in the United States and in status as a lawful permanent resident or conditional permanent resident."

 
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