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David and Anna

Leave USA after AoS interview, but before you receive approval/denial letter?

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Filed: K-1 Visa Country: Poland
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My wife (the immigrant) needs to travel back to her home country later this month, in fact she wants to travel to Europe the day after our interview.

 

I have searched the web without success trying to find out if this is allowed and also what the implications and concerns are of doing so...(since she won't know if she was approved or denied until she is out of the country and wouldn't have her GC if approved before she returns - so she would return on the EAD/AP combo card and her foreign passport).

 

She has her EAD/AP combo card (and its valid until late this year).  Her trip to Europe would be 3 weeks.

 

Anyone have experience with this and/or know where I should look for guidance or regulations about this?

 

Thanks.

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21 minutes ago, David and Anna said:

My wife (the immigrant) needs to travel back to her home country later this month, in fact she wants to travel to Europe the day after our interview.

 

I have searched the web without success trying to find out if this is allowed and also what the implications and concerns are of doing so...(since she won't know if she was approved or denied until she is out of the country and wouldn't have her GC if approved before she returns - so she would return on the EAD/AP combo card and her foreign passport).

 

She has her EAD/AP combo card (and its valid until late this year).  Her trip to Europe would be 3 weeks.

 

Anyone have experience with this and/or know where I should look for guidance or regulations about this?

 

Thanks.

The tricky thing with this is what happens if her AOS is denied while she’s away?

 

I can’t remember if we’ve had one of those in recent years….    @Crazy Cat , @Mike E, @Boiler any thoughts?

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Filed: Citizen (apr) Country: Myanmar
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32 minutes ago, SalishSea said:

The tricky thing with this is what happens if her AOS is denied while she’s away?

 

I can’t remember if we’ve had one of those in recent years….    @Crazy Cat , @Mike E, @Boiler any thoughts?

If she is approved in absentia, then she needs to return home as soon as possible and tell the CBP officer she is an LPR. She will likely avoid the I-193 fee.

 

There have been several of these cases on visajourney. It always ends well.

 

She should ask for an I-551 stamp at her interview.

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Filed: K-1 Visa Country: Poland
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2 hours ago, Mike E said:

If she is approved in absentia, then she needs to return home as soon as possible and tell the CBP officer she is an LPR. She will likely avoid the I-193 fee.

 

There have been several of these cases on visajourney. It always ends well.

 

She should ask for an I-551 stamp at her interview.

Thank you for your reply here (and in my other question/thread) sharing your insights.  Much appreciated.

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Filed: K-1 Visa Country: Poland
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On 5/18/2023 at 5:28 PM, Mike E said:

If she is approved in absentia, then she needs to return home as soon as possible and tell the CBP officer she is an LPR. She will likely avoid the I-193 fee.

 

There have been several of these cases on visajourney. It always ends well.

 

She should ask for an I-551 stamp at her interview.

Quoting your post again to say "THANKS!"

 

We had our interview this morning and the Officer said he would review and let us know the decision via mail.  I then asked about the travel question we have, and he said if we could wait he could review and approve our case while we waited and then give us the I-551 stamp before we left.  So we did get the stamp today (and approved after 24 months of waiting for AoS).  I had not heard of the I-551 stamp before your reply and thus we are very grateful to you for letting us know about this option.

 

 

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Filed: Citizen (apr) Country: Myanmar
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12 minutes ago, David and Anna said:

I had not heard of the I-551 stamp before your reply and thus we are very grateful to you for letting us know about this option.

You are welcome.

 

In my day, I-551 stamps at I-485 interviews were the norm because production times for green cards were 6 months long.

 

So that is how I knew about them: my passport has one.

 

So when people say: “I got approved at the interview”, I reply: “no you did not because you not get an I-551 stamp”.  Well you are the exception and in my face.

 

Your comment is even more valuable than mine because you might have cracked the code on how to get an I-551 stamp in the modern era. You have done a great service.

 

Well done, and congratulations. You deserve to drink a second bottle  of Champagne today.

 

 

Edited by Mike E
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