Saturday 24 September 2011

How do I leave country while my permanent residency application is still processing?

I am here in the US with F-1 student visa. My husband (US citizen)and I just got married in Sept '08 and we are applying for a permanent residence this week. My F-1 visa will be terminated this week because I am applying for change of status. However my concern is that we have already set a wedding ceremony date on June '09. I am worried that I will not received my permanent residence status in time to attend my ceremony. Is there something I can do? ie. expedite? re-entry form? Your input will be appreciated. Thanks
How do I leave country while my permanent residency application is still processing?
This is not a problem. As you are here in the USA (Legally) you can file the I 130 (Petition for Alien Relative) and I 485 (Adjustment of Status forms together) When you file these forms you can also file (at no additional charge) in I 131 (Travel Permission/Advance Parole request) and I 765 (Employment authorization) Like I said it doesn't cost you anything, they are free when you pay the filing fee for the I 485. I filed all of my paperwork (with a lawyer) almost a year ago, Dec 7th 2007. I got my advance parole and employment authorization at the end of Jan 2008 so I was able to travel at that point and go into any job I wished. I had my green card interview April 7th 2008 and had my physical green card in the mail 3 weeks later. So from filing to having my green card it took just over 4 months. If you are filing now, and don't have to go anywhere for at least 6 months you should be fine, particularly if you file the advance parole form and state on there the dates you need to travel. In fact I would tell them you need to travel by say March 08 that way you can make sure you have travel permission by then at least. If you need any help with forms etc let me know, I have scanned copies of all my forms. Good luck.

BTW if you are already married, why are you having a ceremony in June 09??????
How do I leave country while my permanent residency application is still processing?
It can take almost a year. It always depends on the center itself. I would hold off on a ceremony abroad until you get a clearer idea of how fast they are processing. I filed in March of 08 and I'm still waiting. Good luck.
File an I-131 application for travel document if you want to leave the country and return. You want an advanced parole (this form has multiple uses).
The only thin you can do is file a form I 131 for travel permit . In this way you will be allowed to reentry the USA .

I think that you will file a I 765 with your I 485, if that is the case you will have your EAD and with that and the permit is going to be fine.

Go to www.uscis.gov , download the form and the intructions, and mail it asap .