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can i leave the us after getting married ???

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  • can i leave the us after getting married ???

    can i leave the us to visit my country after getting married and filed for EAD,AOS, but still waiting for my green card ???
    some people say that i can not leave the country within 2 years after getting married or its considered abandoning the application process !
    (btw i am german citizen,so belong to the visa waiver program )so does it apply to me ?

  • #2
    It depends... basically on whether you have a valid dual intent visa (H1, L1) at the moment.

    Unless you have one of those, valid and stamped, you will need to apply for an Advance Parole (i-131) and have it approved before you leave the country (USA)... otherwise you will be considered as abandoning your pending GC process...

    But other than that, once you get your GC you can travel just fine... for as long as it is not a trip longer than 6 months, you should not encounter any problems.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      You file for AP (travel document) together with the AOS and EAD and you don't have to pay it's fee. You only pay the AOS fee and get EAD & AP included in the price if you mail together. AP should come faster than the green card, so you may be able to travel 2-3 months after filing the papers.

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