I have K-1 visa, and case pending for AOS - now I need to travel!

[Jani 0]

Me and my husband have filed all the papers for AOS - and the case is now pending.

As I am the K-1 visa holder, can I travel to Finland for a while, while the case is pending - without applying for travel permit?

The I-131 form says:

NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole ifboth conditions described below in numbers 1 and 2 aremet:A. You are in one of the following nonimmigrantcategories:1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or3. A K-3, spouse, or K-4, child of a U.S. citizen; or4. A V-2, spouse, or V-3, child of a lawful permanentresident; andB. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.However, upon returning to the United

What does that mean?!?!

[RosemarieL 0]

Me and my husband have filed all the papers for AOS - and the case is now pending.

As I am the K-1 visa holder, can I travel to Finland for a while, while the case is pending - without applying for travel permit?

The I-131 form says:

NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole ifboth conditions described below in numbers 1 and 2 aremet:A. You are in one of the following nonimmigrantcategories:1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or3. A K-3, spouse, or K-4, child of a U.S. citizen; or4. A V-2, spouse, or V-3, child of a lawful permanentresident; andB. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.However, upon returning to the United

What does that mean?!?!

If you leave the US without Advanced Parole as a K1 then you will effectively be abandoning your AOS and will have to apply for a K3 or CR1 visa which will take another year. If your visit is urgent you could get an infopass appointment and ask for an emergency Advance Parole.

[john_and_marlene 162]

You do not meet the first condition. You will need Advance Parole.

[zqt3344 21]

Me and my husband have filed all the papers for AOS - and the case is now pending.

As I am the K-1 visa holder, can I travel to Finland for a while, while the case is pending - without applying for travel permit?

The I-131 form says:

NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole ifboth conditions described below in numbers 1 and 2 aremet:A. You are in one of the following nonimmigrantcategories:1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or3. A K-3, spouse, or K-4, child of a U.S. citizen; or4. A V-2, spouse, or V-3, child of a lawful permanentresident; andB. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.However, upon returning to the United

What does that mean?!?!

[/quote]

NO you cannot travel, you do not have AP document or approval of AOS greencard yet.

[YuAndDan 153]

Me and my husband have filed all the papers for AOS - and the case is now pending.

As I am the K-1 visa holder, can I travel to Finland for a while, while the case is pending - without applying for travel permit?

The I-131 form says:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:A. You are in one of the following non immigrant categories:1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or2. An L-1, intra company transferee, or L-2, spouse or child of an L-1; or3. A K-3, spouse, or K-4, child of a U.S. citizen; or4. A V-2, spouse, or V-3, child of a lawful permanent resident; and B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the USCIS. However, upon returning to the United

What does that mean?!?!

That notation means if you are one of the visa types in the list for example (K-3) and are processing AOS no AP is needed, the visa types listed are MULTI-Entry visas, K-1 is not listed, and is only a single entry visa, that is why it is not listed.

K-1 visa holder MUST have AP document in hand in order to travel out of the country while AOS is being processed.

[Jani 0]

Ok,

Thank you all for the help...

it sucks though - its too expensive to file for the travels permit....

[~Nini~ 2]

Ok,

Thank you all for the help...

it sucks though - its too expensive to file for the travels permit....

If you're filing for AOS the cost also includes the filing fees for your EAD and AP.

[Jani 0]

Ok,

Thank you all for the help...

it sucks though - its too expensive to file for the travels permit....

If you're filing for AOS the cost also includes the filing fees for your EAD and AP.

But does this mean, that I have to filed for AOS after July 30 for it to have been included in the fees of earlier??

The form says:

If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131.

[John & Annie 0]

Ok,

Thank you all for the help...

it sucks though - its too expensive to file for the travels permit....

If you're filing for AOS the cost also includes the filing fees for your EAD and AP.

But does this mean, that I have to filed for AOS after July 30 for it to have been included in the fees of earlier??

The form says:

If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131.

Yes, if you filed after July 30, 2007 and paid $1,010 for AOS there is no fee associated for EAD or AP

If you decided to 'beat' the fee increase then you would pay the current fee for AP and EAD and the fee for any subsequent renewals.

[waytpakz 0]

hi.. where did you get the notice that if you are filing for and AOS, the fees for AP and EAD are included? all i know is the EAD is included.. i just wanna be sure with the AP.. thanks..

[~Nini~ 2]

hi.. where did you get the notice that if you are filing for and AOS, the fees for AP and EAD are included? all i know is the EAD is included.. i just wanna be sure with the AP.. thanks..

If you check the USCIS site here for the I-485, as well as the physical copy of the I-485 instructions under the filing fees section, it says:

"Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Notice ofAction, receipt as evidence of the filing of an I-485."

Edited November 9, 2007 by Nini & Bee