Travel after I-485 applied for with OPT, no AP

[yunghun]

Hi all.

Sorry if this has been covered before but I was wondering if anyone can be of assistance. My wife and I recently got married and have applied for a green card. She has an OPT visa right now but we need to travel out of country and will return before it expires. We applied for Advance Parole but are not sure if we will get it in time.

My question is if it is possible to return with an OPT visa after applying for I485?

Thanks in advance.

[aaydrian]

Technically once after you have filed AOS for your wife, her previous status is null. Thus she is no longer on an OPT. You should not travel on an OPT outside as it is not advised, because the person may be denied entry, more importantly for your wife. If you have not applied travel document, going outside the country the USCIS may deem it as abandonment of AOS at the immigration port and deported. Then you have to file for consular processing. Best is to wait till she gets her GC or else you can file for travel document and go out and come in safetly.


I am not an attorney, use any advise at your won risk.