Andybman

Evening,
I bet this has been asked a thousand times but I married an American citizen on 15th August 2015 and im about to file the paper work with my lawyer for my change of status. The paperwork for change of status is being filed on the 15th September 2015.

My question is...

When can I safely travel back home to London?

I understand that I have to wait 90 days for my permission to work card but does that card allow me to travel outside of the country. I understand that I have to wait for the interview which ive been told could take up to 9 months as they are crazy busy at the moment. I was hoping to travel home to see my family this Christmas with my wife but im not sure if I can leave the country. My lawyer said I need to wait until ive had the interview and got the green card agreed. Is this true?

Thanks in advance everyone!

penguinsix

How did you originally get to the USA? Did you come on the Visa Waiver and then get married (or did you overstay the 90 days and then get married?)

sir_eccles

If you applied for advanced parole that is usually on the same card as the employment authorization.

As suggested by Penguisix, it might be nice to know some background. While you are not a prisoner of the US and are free to leave at any time, getting back in can be troublesome depending on what process you're following.

A quick look at your posts suggests maybe an O-visa?

Andybman

Thanks for the reply's,

I came over on an esta 90 days tourist visa so I am looking for a change of status whilst in the country.

Thanks
Andy

Andybman

My O-Visa failed and was not granted. When I started that process last year me and the then girlfriend were not in the position of our relationship to get married but a year on and the o-visa failed so we said lets get married now as we were both ready.

Noorah101

Will you have overstayed the 90 day VWP limit by Sept 15th?

Normally, as long as form I-131 is included in the Adjustment of Status (AOS) package, you will receive an AP document within 60 to 90 days. This is sometimes combined with the EAD card. This allows you to travel outside the USA and return, without abandoning your AOS case.

You may just squeak in getting it before mid-December. Do not leave the USA without the AP in hand!

If you overstay the VWP, depending on how long, AP is useless.

Note that you have an adjustment of status case, not change of status. .. they are actually two different things.

Rene

Andybman

Rene,

Many thanks for the reply. My Esta runs out on October 1st so im still within my 90 days tourist visa. The paperwork is going to be submitted next week and I was lead to believe that once it was submitted I get a permission to work and travel within 60 to 90 days. My lawyer said today he would recommend me staying in the country until ive had the interview which currently could take up to 9 months for the interview to get the green card.

I know the 60-90 days to receive the permission is very close to xmas but I still would love to hold some hope of seeing my family at xmas if I get that granted in time. But if the lawyer was right then waiting for the green card interview would right xmas off for me and see me well into next year!

Noorah101

You don't have to wait for the green card. You can travel on AP when it comes in hand.

Rene

Andybman

Thanks what I was hoping for!! I have a friend who was in the same situation and married his American girlfriend and he travelled on that card when he got it and he has been home twice and is due his interview with his wife any week now.

scrubbedexpat099

Really?

sir_eccles

Care with language. You don't have a visa. You arrived on the visa waiver program. Esta is authorization to use the vwp.

I think it gets very tricky and can be very fact dependent even down to which office is dealing with your case. Easier to say AP becomes useless than to proclaim based on limited details.

scrubbedexpat099

The Matter of Arrabally decision in 2012 (a BIA precedent decision) says that leaving on Advance Parole does not trigger the unlawful presence ban if you have no other inadmissibilities.

More interestingly DACA can come with AP.

Noorah101

I bielieve so, yes. AP does not overcome a ban.

Rene

scrubbedexpat099

What ban, exiting on AP does not count as having left.

Andybman

Sorry for the non immigration talk but what does Advance parole mean and what is DACA?

Thanks again for all the help, its a mine field and I just want to make sure im not going to mess things up!