Urgent! Can i fly back to home country before AOS?

[Lili_K 39]

Due to medical emergency in my family member, I am wondering if i am able to fly back before submitting my Adjustment of Status?

I have just gotten married on the 21st April and will be submitting the marriage License to the court house today..

I am still compiling the I-485 as fast as I can. 

 

 Would i have to file form I-131?

[Dashinka 24,514]

You can certainly leave the country if you have to, but if done before the I485/I131 are submitted and the I131/AP approved will result in needing to go back to the beginning with a spousal visa application before coming back to the US.

 

Good Luck!

[Lili_K 39]

4 minutes ago, Dashinka said:

You can certainly leave the country if you have to, but if done before the I485/I131 are submitted and the I131/AP approved will result in needing to go back to the beginning with a spousal visa application before coming back to the US.

 

Good Luck!

thank you!

[SalishSea 17,839]

24 minutes ago, Lili_K said:

Due to medical emergency in my family member, I am wondering if i am able to fly back before submitting my Adjustment of Status?

I have just gotten married on the 21st April and will be submitting the marriage License to the court house today..

I am still compiling the I-485 as fast as I can. 

 

 Would i have to file form I-131?

APs are taking months, so unfortunately this wouldn’t work within the framework of an emergency.

 

Since the K-1 was a one-time entry, if you really need to leave now the only solution would be for your USC spouse to petition you for a CR-1.

[Lili_K 39]

4 minutes ago, Jorgedig said:

APs are taking months, so unfortunately this wouldn’t work within the framework of an emergency.

 

Since the K-1 was a one-time entry, if you really need to leave now the only solution would be for your USC spouse to petition you for a CR-1.

Even if i file I-131?

[Dashinka 24,514]

1 minute ago, Lili_K said:

Even if i file I-131?

You would have to wait for approval of the I131, just submitting it does not guarantee anything.  This is the unfortunate downside of the K1/AOS route.

Edited April 26, 2021 by Dashinka

[SalishSea 17,839]

1 minute ago, Lili_K said:

Even if i file I-131?

Yes.   It is taking around 8 months to receive AP.

[Dashinka 24,514]

2 minutes ago, Dashinka said:

You would have to wait for approval of the I131, just submitting it does not guarantee anything.  This is the unfortunate downside of the K1/AOS route.

Actually, I would add if you submit the I485/I131 and then leave the US prior to the I131 being approved, the I485 will be considered abandoned, the I131 would not be approved, and you lose the filing fee.

[mushroomspore 3,044]

10 minutes ago, Lili_K said:

Even if i file I-131?

Filing I-131 will be meaningless if you leave before it's approved AND before you have the card in your hand. It's the approval that matters, not the action of filing the form. If you absolutely must leave right now, then your only way to re-enter will be to stay abroad and file for a spousal visa, which will take 1-2 years to obtain.

[Crazy Cat 41,894]

3 hours ago, Lili_K said:

Would i have to file form I-131?

Yes, then wait for approval...or get approval for emergency travel.  This is one of the big, big consequences of a K-1.

[Ontarkie 14,229]

~~Moved to Working and Traveling, form K1 P&P~~

 

 

 

[Lili_K 39]

3 hours ago, mushroomspore said:

Filing I-131 will be meaningless if you leave before it's approved AND before you have the card in your hand. It's the approval that matters, not the action of filing the form. If you absolutely must leave right now, then your only way to re-enter will be to stay abroad and file for a spousal visa, which will take 1-2 years to obtain.

😞 

So i am filing my I-485 now. on the instructions it says i need marriage certificate as the supporting documents. is there a difference between marriage certificate and marriage license? Went to the court house today and they have no idea what i am talking about.

[Dashinka 24,514]

3 minutes ago, Lili_K said:

😞 

So i am filing my I-485 now. on the instructions it says i need marriage certificate as the supporting documents. is there a difference between marriage certificate and marriage license? Went to the court house today and they have no idea what i am talking about.

Yes, there is a big difference.  The license is issued allowing you to actually get married, the certificate shows that the local government (clerk) and state government has actually recorded the marriage in their vital records.  

[mushroomspore 3,044]

7 minutes ago, Lili_K said:

😞 

So i am filing my I-485 now. on the instructions it says i need marriage certificate as the supporting documents. is there a difference between marriage certificate and marriage license? Went to the court house today and they have no idea what i am talking about.

License is what you get before you're married. Certificate is what you get after you're married and the government has officially recorded the marriage in their records registry.

[Ontarkie 14,229]

My marriage license is the same as my marriage certificate. They can be both, dual purpose.