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AOS and EAD pending, AP approved

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  • AOS and EAD pending, AP approved

    Good day everyone!!

    I am here to share my problem and I hope you can help me as well. My story goes like this.. I came here with a tourist visa last July 2004 and then changed my status to student on Jan 2005. After sometime, I found the man of my dreams and he asked me to marry him. We got married Dec 2005 and then we filed AOS, I-130 Jan 2006. Everything went well, got biometrics taken, passed medical examination, got interviewed in July 2006 but the officer asked us for RFE after the interview. So we submitted it in Oct 2006, all the documents that was needed to prove that our marriage is NOT a FRAUD. Dec 2006 there was still no update in my case so I decided to call USCIS. A representative wrote a letter to them stating that my case is outside case processing so USCIS sent me a letter after a week stating that they are actively processing the case and that I should wait until June 2007 for their decision. So what i did was I filed EAD and AP in Jan 2007. My AP got approved yesterday and I should received the docs by this week. Now my dillema is if I should travel and visit my home country while waiting for AOS decision. I am absolutely sure that I was never out of status so they won't have any grounds on not letting me go back to US. I've heard and read some cases about having problems at Port of Entry like their AOS was denied so they had to go back to their home country and filed a motion to reopen the case etc... I am sure most of you guys here have left family, relatives and close friends back in your home country, I know that you can identify with what I am feeling right now. So, I really really need your opinion about what I should do? Should I just wait for the AOS (which would probably take forever because of the background check) and EAD decision or take a break in the meantime and go visit home?

    Thank you for your time for reading this and effort (if you are going to reply, I hope you will)! Your reply would be appreciated very much! God speed!

    Smile

  • #2
    Hi Smile!

    If you can prove at the port of entry that you have not been out of status for more than 180 days and have your AP I don't see why they wouldn't let you in. At least that's what I am doing as soon as I get my AP.
    Good luck!

    Comment


    • #3
      thanks!

      Originally posted by salvador
      If you can prove at the port of entry that you have not been out of status for more than 180 days and have your AP I don't see why they wouldn't let you in. At least that's what I am doing as soon as I get my AP.
      Good luck!
      Hey salvador! Thanks for ur reply. I don't want to take any chances so I am going to talk to a lawyer on thursday.. We are going to spend a hundred dollars for the consulation which is not bad and it's always better to be safe than sorry Oh yeah, my EAD was also approved yesterday!! So far, everything is going very well.. I hope I would get my GC soon and everyone else who's been waiting for so long. Stay safe everyone!! God speed!!

      Comment

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