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AP travel while waiting for green card approval

By Zeldadla in Working & Traveling During US Immigration

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Zeldadla Rookie

Zeldadla   3

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Dear all,

My husband (Colombian) and I (German green card holder) submitted our initial I-130 in January of 2022 and recently responded to a request for additional evidence (received by USCIS on May 11). We are planning a 5-week trip this summer to visit my family in Europe. He has his advance parole document (he traveled to Colombia recently with no issues). However, our lawyer is advising against traveling because she says if the green card is approved while we are abroad, he would have to re-enter the U.S. with the green card. Can anyone share any experiences? Thank you! 

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JeanneAdil Grand Master

JeanneAdil   6,489

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did he come on spouse visa?   or K1 

u say has AP then he came on K1 , right?

and receive I 551 stamp on visa if spouse?

and when did he arrive?

 

I 551 stamp acts as green card for a year when the visa is stamped as such 

 

a timeline with the above info would help

 

 

Edited by JeanneAdil
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Zeldadla Rookie

Zeldadla   3

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He was in the U.S. on a tourist visa when we met. We married and filed the I-130 before his tourist visa expired. His I-131 was approved earlier this year and he traveled to Colombia with his advance parole document (which was stamped on the way back to the U.S.). The travel document will be valid until after our trip this summer, but our lawyer advises against traveling because she said if the green card is approved while we are out of the country, he can't re-enter the U.S. with the advance parole document but would need to enter with the green card. 


Thank you! 

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Crazy Cat Grand Master

Crazy Cat   41,812

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3 minutes ago, Zeldadla said:

he can't re-enter the U.S. with the advance parole document but would need to enter with the green card. 

As a legal resident, he will be allowed to enter the US.  If he can get to the US border with the AP document, he will be fine.  Enjoy your trip....don't worry about this.   @Mike E

Edited by Crazy Cat

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beloved_dingo Proficient

beloved_dingo   1,976

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This thread may be helpful to you, though I linked to the specific comment which shows the OP ended up having no issue returning to the US on AP after green card approval. However, keep in mind this is one person's experience.

 

Edited by beloved_dingo

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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Mike E Grand Master

Mike E   11,739

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9 minutes ago, Crazy Cat said:

As a legal resident, he will be allowed to enter the US.  If he can get to the US border with the AP document, he will be fine.  Enjoy your trip....don't worry about this.   @Mike E

@beloved_dingo beat me to it.

 

Technically CBP can levy an I-193 fee, but I have never seen this happen.

 

If I-485 is approved, the 180 day clock starts immediately, and I would proceed home once the “card is in production” status appears.

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Mike E Grand Master

Mike E   11,739

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59 minutes ago, Zeldadla said:

submitted our initial I-130 in January of 2022

 

35 minutes ago, Zeldadla said:

We married and filed the I-130 before his tourist visa expired

Neither of these comments mention I-485. Was I-485 filed?

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Zeldadla Rookie

Zeldadla   3

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2 hours ago, beloved_dingo said:

This thread may be helpful to you, though I linked to the specific comment which shows the OP ended up having no issue returning to the US on AP after green card approval. However, keep in mind this is one person's experience.

 

This was super helpful! Thank you! 

 

2 hours ago, Mike E said:

@beloved_dingo beat me to it.

 

Technically CBP can levy an I-193 fee, but I have never seen this happen.

 

If I-485 is approved, the 180 day clock starts immediately, and I would proceed home once the “card is in production” status appears.

Thank you! We don't intend to stay abroad longer than a few weeks. :) 

 

2 hours ago, Crazy Cat said:

As a legal resident, he will be allowed to enter the US.  If he can get to the US border with the AP document, he will be fine.  Enjoy your trip....don't worry about this.   @Mike E

Thank you for the reassurance! I  

 

My lawyer also just emailed back and said we could have the green card FedExed abroad so he can use it to reenter the country. So it appears that there are options...

 

You all are great, thank you! ❤️ 

Edited by Zeldadla
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Mike E Grand Master

Mike E   11,739

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1 hour ago, Zeldadla said:

said we could have the green card FedExed abroad so he can use it to reenter the country.

High risk, low reward. 
 

That is strike 2 for your lawyer.

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Zeldadla Rookie

Zeldadla   3

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Hi all, just a quick update and a big thank you to you all for giving us the peace of mind to travel. Our trip was amazing (we had our delayed wedding party with my family and friends and honeymoon - it was important to me to do it ASAP because my father's health is declining). Two days before returning to the U.S., we received notice that the I-130 was approved. My husband was able to return to the U.S. with his AP documents with no problem (just a quick check in secondary inspection). Now we are waiting for the adjudication of his I-485 application (from the safety of being back in the U.S. ;) ).

 

Thank you for helping us have a great trip! ❤️ 

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