Leaving country before I-485?

[kiggityca]

my husband is canadian, in the US on a TN visa for several years now. we started the application process & our immigrant visa petition was approved. husband will be applyiing for adjustment of status but haven't yet done the 485 forms. from what we've been told, he won't need to apply for a TN visa anymore and it is okay to travel to canada but we want to confirm with as many sources as possible! what do we need to have with us to get back into the US & are we going to have any issues? we go to his family in canada every year for christmas and he usually renews his visa on the way back (it will be expiring this week). just want to make sure we won't get stuck there!?

[barbarajlw]

my husband is canadian, in the US on a TN visa for several years now. we started the application process & our immigrant visa petition was approved. husband will be applyiing for adjustment of status but haven't yet done the 485 forms. from what we've been told, he won't need to apply for a TN visa anymore and it is okay to travel to canada but we want to confirm with as many sources as possible! what do we need to have with us to get back into the US & are we going to have any issues? we go to his family in canada every year for christmas and he usually renews his visa on the way back (it will be expiring this week). just want to make sure we won't get stuck there!?

You need to do your I485 as soon as possible and with that application you can also send a I-131 Advance parole form for travelling. Not sure what a TN visa is but now that you are married he needs to get permanent residency and can't leave the US till you have the AP in hand or GC whichever comes first. From other sites I belong if he leaves he wont be able to re enter because your AOS is still processing and he does not have the AP card.

[USgurl]

You need to do your I485 as soon as possible and with that application you can also send a I-131 Advance parole form for travelling. Not sure what a TN visa is but now that you are married he needs to get permanent residency and can't leave the US till you have the AP in hand or GC whichever comes first. From other sites I belong if he leaves he wont be able to re enter because your AOS is still processing and he does not have the AP card.

My lawyer doesn't advise leaving the country if you only have an Advance Parole.

[barbarajlw]

My lawyer doesn't advise leaving the country if you only have an Advance Parole.

Well you can leave on an AP that's why we get them before our GCards. So if need be you can leave and re enter the US.
If it is urgent he need to go to Canada then he can once you have your I-485 in the process and you get the AP documents. He can travel with his AP and his marriage certificate and his I-485 NOA1 notice to show that his residency is being processed.

[nichole]

my husband is canadian, in the US on a TN visa for several years now. we started the application process & our immigrant visa petition was approved. husband will be applyiing for adjustment of status but haven't yet done the 485 forms. from what we've been told, he won't need to apply for a TN visa anymore and it is okay to travel to canada but we want to confirm with as many sources as possible! what do we need to have with us to get back into the US & are we going to have any issues? we go to his family in canada every year for christmas and he usually renews his visa on the way back (it will be expiring this week). just want to make sure we won't get stuck there!?

You need to name the visa he is applying for. If it's truly an immigrant visa that would be the CR1 or IR1. On that visa he will get his green card shortly after entering the US with the visa. He doesn't apply for adjustment of status. He is free to travel as soon as he gets the greencard or they give him an I551 stamp in his passport.

If it's K3 visa, that is a non-immigrant visa requiring applying for adjustment of status. A K3 visa allows multiple entries into the US for two years. A K3 does not need an AP travel document unless he still hasn't applied for his greencard after two years.

With either visa, your husband should have no problems going back to Canada and returning.

Your other reply is true for a K1 fiance visa, but not correct about your husband. K1's get only one entry and need the AP paper (it's not a card).

[daru786]

Well you can leave on an AP that's why we get them before our GCards. So if need be you can leave and re enter the US.
If it is urgent he need to go to Canada then he can once you have your I-485 in the process and you get the AP documents. He can travel with his AP and his marriage certificate and his I-485 NOA1 notice to show that his residency is being processed.

In some cases re-entry is denied even if the individual traveled using advance parole document.
Based on the nature of the case, an approved I-485 can be considered abandoned if the applicant leaves the country before obtaining his or her GC.

Good Luck@