AOS in process - travel without AP
Aug 19th 2005, 5:09 pm
#1
Guest
Posts: n/a
AOS in process - travel without AP
I filed my EAD and AOS in march 05 based on being in the US under and
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
Aug 19th 2005, 5:12 pm
#2
Guest
Posts: n/a
Re: AOS in process - travel without AP
oh..i was restructuered by my company 2 weeks ago..therefore out of L1
status.
status.
Aug 19th 2005, 5:52 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AOS in process - travel without AP
Originally Posted by Gs
I filed my EAD and AOS in march 05 based on being in the US under and
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
If your L1 is no longer valid, then you cannot return to the USA without AP. If you do leave the USA, your AOS is considered abandonded and you'll have to start the whole visa process over. No, you can't enter on the VWP and re-file AOS, because it is illegal to enter on the VWP and have the intent to remain and adjust status. If you come back on the VWP for a visit, you would not be able to work, no.
My advice is not to leave the USA without AP, unless you are willing to start the visa process over again.
Best Wishes,
Rene
Aug 19th 2005, 6:00 pm
#4
Forum Regular
Joined: Jul 2003
Location: Los Angeles
Posts: 83
Re: AOS in process - travel without AP
AP only usually takes 2-3 months to receive. As Rene said you are not allowed to adjust status under the VWP - starting the process over again means going back to square one and re-applying for another L1 - not re-applying for AOS!!
As you say - attendance at a christening does not merit an expedited AP application - is attending such a ceremony worth throwing away all your progress to date?
Jason
As you say - attendance at a christening does not merit an expedited AP application - is attending such a ceremony worth throwing away all your progress to date?
Jason
Aug 19th 2005, 6:04 pm
#5
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AOS in process - travel without AP
Originally Posted by jasonabc
AP only usually takes 2-3 months to receive. As Rene said you are not allowed to adjust status under the VWP - starting the process over again means going back to square one and re-applying for another L1 - not re-applying for AOS!!
Jason
Jason
I assume he would go for the Spouse Visa (either CR-1 or K-3) this time around, since he's now married to a USC....not the L1.
To the OP...when is the christening?
Rene
Aug 19th 2005, 6:07 pm
#6
Forum Regular
Joined: Jul 2003
Location: Los Angeles
Posts: 83
Re: AOS in process - travel without AP
Originally Posted by Noorah101
I assume he would go for the Spouse Visa (either CR-1 or K-3) this time around, since he's now married to a USC....not the L1.
;-)
Aug 19th 2005, 6:29 pm
#7
strangely floppy..
Joined: Mar 2005
Location: Ohio - originally London
Posts: 1,719
Re: AOS in process - travel without AP
Originally Posted by Gs
I filed my EAD and AOS in march 05 based on being in the US under and
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
L1 visa and married to a US citizen. Unfortunatley i didn't apply for
AP as i anticipated being able to travel on my L1 until the AOS was
processed.
Now i have to retun to the UK for a christening which apparently isn't
sufficiently important enough for expedited AP. However, looking at the
processing times for AOS for new york 2 years + i wonder is abandonning
my AOS and re-entering on the VWP and then re-filing my AOS along with
an AP would be an option. Additionally, i already have my EAD. should i
come back in on the VWP would i be able to work whilst the new AOS was
in process ??
Aug 19th 2005, 6:51 pm
#8
Guest
Posts: n/a
Re: AOS in process - travel without AP
Next saturday. I figured that i was basically screwed, but willing to
consider all options to avoid scratching $2000 worth of flights and
ex-communicaiton by my brother.
consider all options to avoid scratching $2000 worth of flights and
ex-communicaiton by my brother.
Aug 19th 2005, 6:54 pm
#9
Guest
Posts: n/a
Re: AOS in process - travel without AP
Thanks forconfirmation. I guess if it was technically possible to
re-start the process i would be prepared to do that because a few
months lost progress in the context of a 2+ year waiting time didn't
seem that significant. I'm just really annoyed that 1 month ago when i
booked the trip i was going to be perfectly able to travel, and now i'm
not.
re-start the process i would be prepared to do that because a few
months lost progress in the context of a 2+ year waiting time didn't
seem that significant. I'm just really annoyed that 1 month ago when i
booked the trip i was going to be perfectly able to travel, and now i'm
not.
Aug 19th 2005, 6:59 pm
#10
Guest
Posts: n/a
Re: AOS in process - travel without AP
Does anyone know via recent experience the likely processing time for a
marriage based AOS and or AP. My EAD took about 3 months, but from what
i can tell, this would have been processed by the national benefits
center, wheres the AOS would have been sent to the black hole that is
NYC ? When i look online at my case status it says "cases of this type
are typically taking 120-180 days to process" this si clearly not true
if the processing times for I-485s on the USCIS website are to be
believed as they show Dec 16th 02. Am i missing something ?
marriage based AOS and or AP. My EAD took about 3 months, but from what
i can tell, this would have been processed by the national benefits
center, wheres the AOS would have been sent to the black hole that is
NYC ? When i look online at my case status it says "cases of this type
are typically taking 120-180 days to process" this si clearly not true
if the processing times for I-485s on the USCIS website are to be
believed as they show Dec 16th 02. Am i missing something ?
Aug 19th 2005, 9:11 pm
#11
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: AOS in process - travel without AP
Originally Posted by Gs
Does anyone know via recent experience the likely processing time for a
marriage based AOS and or AP. My EAD took about 3 months, but from what
i can tell, this would have been processed by the national benefits
center, wheres the AOS would have been sent to the black hole that is
NYC ? When i look online at my case status it says "cases of this type
are typically taking 120-180 days to process" this si clearly not true
if the processing times for I-485s on the USCIS website are to be
believed as they show Dec 16th 02. Am i missing something ?
marriage based AOS and or AP. My EAD took about 3 months, but from what
i can tell, this would have been processed by the national benefits
center, wheres the AOS would have been sent to the black hole that is
NYC ? When i look online at my case status it says "cases of this type
are typically taking 120-180 days to process" this si clearly not true
if the processing times for I-485s on the USCIS website are to be
believed as they show Dec 16th 02. Am i missing something ?
AOS in NYC seems to be taking around 2 years or more.
Rene
Aug 19th 2005, 9:47 pm
#12
Member
Joined: Apr 2001
Posts: 14,049
Re: AOS in process - travel without AP
Gs,
Yes, you're missing the fact that the estimated 'days to process' is a figment of someone's imagination - a really perverse someone who enjoys the agony that the estimates produce in the people who are naive enough to belive them.
Regards, JEff
Yes, you're missing the fact that the estimated 'days to process' is a figment of someone's imagination - a really perverse someone who enjoys the agony that the estimates produce in the people who are naive enough to belive them.
Regards, JEff
Originally Posted by Gs
... When i look online at my case status it says "cases of this type are typically taking 120-180 days to process" this si clearly not true if the processing times for I-485s on the USCIS website are to be believed as they show Dec 16th 02. Am i missing something ?
Aug 20th 2005, 3:09 pm
#13
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS in process - travel without AP
Originally Posted by jeffreyhy
Gs,
Yes, you're missing the fact that the estimated 'days to process' is a figment of someone's imagination - a really perverse someone who enjoys the agony that the estimates produce in the people who are naive enough to belive them.
Regards, JEff
Yes, you're missing the fact that the estimated 'days to process' is a figment of someone's imagination - a really perverse someone who enjoys the agony that the estimates produce in the people who are naive enough to belive them.
Regards, JEff
Fortunately my GC came through. All timelines are approx, no body can tell you how longs yours will be exactly.
If I told my Brother that if I attended the Christening it would mean that he would have a house guest for a year, I think he might be sympathetic to my plight.
Check with the airline, many allow you to delay, or take a credit for a future trip, for a small cost.
Aug 20th 2005, 3:10 pm
#14
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS in process - travel without AP
Originally Posted by Boiler
I applied for renewal of AP 3 months ago. Nothing heard.
Fortunately my GC came through. All timelines are approx, no body can tell you how longs yours will be exactly.
If I told my Brother that if I attended the Christening it would mean that he would have a house guest for a year, I think he might be sympathetic to my plight.
Check with the airline, many allow you to delay, or take a credit for a future trip, for a small cost.
Fortunately my GC came through. All timelines are approx, no body can tell you how longs yours will be exactly.
If I told my Brother that if I attended the Christening it would mean that he would have a house guest for a year, I think he might be sympathetic to my plight.
Check with the airline, many allow you to delay, or take a credit for a future trip, for a small cost.
