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Sorry I don't know anything about this but as a fellow international bride I feel your pain. However if you have the ability to enter the US now for vacation, I don't see why you wouldn't be able to leave the country, and return.
Hey, yes, that is correct. Well, it's not that you *shall not leave and return*, but it gets very complicated very fast. Talk to an immigration lawyer. Try to do the civil ceremony as soon as you possibly can, and get all of your paperwork done ahead of time. Get it all done through a lawyer if you can afford to. With the holidays in between, it could be cutting it close. I am really really sorry :( My fiance's best friend is unable to attend our wedding because he is in the middle of a status adjustment, and it's sad :(
you can leave but you have to apply for permission. Its form 131, Application for Travel. I submitted it with the Adjustment of Status Application and then after about a month I had to call my state rep to get it moving faster. Not sure what magic they worked but I had the documentation about a week later.
http://www.uscis.gov/files/form/I-131.pdf
http://www.visajourney.com/content/adjustmentforms
Also, our Adjustment of Status took about 5 months. So don't chance it and hope your Perm Residence will come through quickly. The 131 is a really easy form, you just have to have a reason. Our reason was "attending a wedding overseas".
The AOS can take anywhere from 'several weeks to several years'. Yeah, that's helpful. And you can leave, but you can't come back in. As soccerball said, you should apply for AP, or the Application for Travel, which usually comes in 2-3 months. Unfortunately, there's not much you can do other than that. It's so frustrating! We submitted our AOS about a month ago and are in the waiting game now... Definitely try calling your FH's state rep - they can work wonders!
I highly suggest visiting Visajourney.com to answer all of your questions. It has been a fantastic resource for me through the process.
I just read today that you can apply for Advance Parole (the form someone mentioned) for free when you send it in with your EAD application and Adjustment of Status. That's what we're doing for my FI! Also, I'm getting together all our paperwork so we can pop it in the mail pretty much the day after we're married... hopefully that'll speed things up! Good luck :)
Have you found anything helpful??? I just remember earlier tonight something i sent to my FI months ago about AOS. Maybe it'll help with the traveling concerns. I know that you can apply for a travel and work permit but i really dont know much about that stage of the process.
http://www.ilalegal.com/contenido/contenido.php?idcategoria=4&leng=&info=1&idsubtema=4&menu=5
Hiya! It is my understanding that if you leave while your AOS is pending, you will lose your visa - UNLESS you ask for permission/apply for the form ahead of time (I can't remember the name of the form) that will let you leave and re-enter the states while your paperwork is pending :).
As people have said, you just need to apply for Advance Parole (form i-131) when you file for AOS. Make sure you file for the work permit and AP at the same time as AOS - that way they cost nothing. AP will let you leave an re-enter without a greencard while AOS is pending.
The K-1 is a one-time visa. The i-94 you'll get when you enter on the K-1 will be taken when you next leave the country; you need this to AOS from the K-1. If you leave and try to re-enter, the K-1 you've already used won't be valid. You would possibly manage to get through on the Visa Waiver Program (if it applies in your country) but you can't AOS from the VWP.
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I hope someone can help me out with this very specific question that I haven't been able to answer from visajojurney or the other sites:
Will I be allowed to exit and enter the USA in the time after I get married but before I get mt AOS?
Here's the thing: we're calculating I might be given my visa around October or November 2010, I plan on going to the USA and get married asap (I'm only talking civil marriage), but to be safe let's think December 2010. Someone told me that the time between the marriage and the arrival of the AOS is around 3 months! I don't know that for a fact tough, it's just someone's experience. But if that's the case that will mean I wouldn't get my status adjusted until March 2011. That same person says I can't exit and enter the country during that period. I am freaking out because my best friend is getting married in Mexico in early March 2011 and she wants me to be the MOH. She has no problem with me being away during the planning but of course she needs me to be there on her wedding day.
Anyway, I'm very confused and I can't seem to find a straigh answer. HELP PLEASE!