i130+i485 with i131 for leaving U.S (Child birth)

[boarder22lb]

Hi All,

I got a transfer (new role) while we were here on ESTA. I am a citizen, but her ESTA expires Sept 8th. We got married here in the U.S and are planning on applying for change of status. We did not intend to stay as my wife will give birth in Czech Republic. We plan to return end of February and are looking for help which forms to submit. We also wanted to know how long until you are called for biometrics when you file (if we file next week). She plans to leave OCT 1st, the baby is due Dec 2nd and we want to return end of February. What would you suggest? Thank you so much for your help everyone.

[Enub4]

The process takes time. You can't travel abroad until you get your AP or your case will be denied as abandoned.

[newacct]

EAD/AP might take 5-6 months to get

[robec]

Hi All,

I got a transfer (new role) while we were here on ESTA. I am a citizen, but her ESTA expires Sept 8th. We got married here in the U.S and are planning on applying for change of status. We did not intend to stay as my wife will give birth in Czech Republic. We plan to return end of February and are looking for help which forms to submit. We also wanted to know how long until you are called for biometrics when you file (if we file next week). She plans to leave OCT 1st, the baby is due Dec 2nd and we want to return end of February. What would you suggest? Thank you so much for your help everyone.

You cannot leave the country when you have applied for the adjustment of status, you will be abandoning your case if you do that. You can apply for travel permits (EAD/AP) when you apply for adjustment of status but those take some time.... It might be better if you applied from abroad (not the adjustment of status... ) since you are planning to return but those application also take many months.