Travel On F1 Visa when AOS Pending

[tomjerry111]

Hello,

I have question regarding travel while person having F-1 active and AOS Pending.
Can my spouse travel to our country when AOS application is pending and F-1 Visa is active. (when AP not received)
without AP can my spouse go to other country and comeback on active F1 Visa while GC application is pending?
Actually my spouse have to travel due to Health purpose in a month and we are submitting GC Application in a week.
Please Guide me.

Thank You

[miiki]

Hello,

I have question regarding travel while person having F-1 active and AOS Pending.
Can my spouse travel to our country when AOS application is pending and F-1 Visa is active. (when AP not received)
without AP can my spouse go to other country and comeback on active F1 Visa while GC application is pending?
Actually my spouse have to travel due to Health purpose in a month and we are submitting GC Application in a week.
Please Guide me.

Thank You

Someone else may understand better than me. From what I understand, if she leaves, she should be able to come back on her valid visa. But leaving without the AP being approved risks her AOS being deemed abandoned and you wasting $1225.

[4EVER]

Hello,

I have question regarding travel while person having F-1 active and AOS Pending.
Can my spouse travel to our country when AOS application is pending and F-1 Visa is active. (when AP not received)
without AP can my spouse go to other country and comeback on active F1 Visa while GC application is pending?
Actually my spouse have to travel due to Health purpose in a month and we are submitting GC Application in a week.
Please Guide me.

Thank You

This is from ICE website: https://www.ice.gov/sevis/travel#_Toc81222024

Re-entry for F-1 Non-immigrants Travelling Outside the United States for Five Months or Fewer

Q. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
A. No, not without advance permission. If you depart the United States with a pending Form I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. We call this Advance Parole. Additionally, CBP may also consider you ineligible to return to the United States as an F-1 student because your application to change status to that of a permanent resident is evidence of intent to immigrate, which is inconsistent with non-immigrant student status.

[newacct]

Hello,

I have question regarding travel while person having F-1 active and AOS Pending.
Can my spouse travel to our country when AOS application is pending and F-1 Visa is active. (when AP not received)
without AP can my spouse go to other country and comeback on active F1 Visa while GC application is pending?
Actually my spouse have to travel due to Health purpose in a month and we are submitting GC Application in a week.
Please Guide me.

Thank You

According to 8 CFR 245.2(a)(4)(ii)(C), I-485 will be automatically abandoned if they leave the US while I-485 is pending unless one of the following is true:

1) They have been granted Advance Parole before they left and return on that Advance Parole before it expires; or
2) They have H1b/H4/L1b/L2/K3/K4/V status when they left, and they return on that same type of visa

Since your spouse has F1 status, which is not one of the above statuses, their only option is to leave after being granted AP. Otherwise they would abandon AOS.

[tomjerry111]

Thank You

Thank You all for your prompt response.

So basically, my spouse should not leave the country without AP card that can risk our AOS application. got it.

Thank You all once again.

[smilezz]

Thank You all for your prompt response.

So basically, my spouse should not leave the country without AP card that can risk our AOS application. got it.

Thank You all once again.

Or, you may choose not submit your application until she returns. It seems like your spouse have to leave the country in a month, then she may choose to use her F-1 visa for the trip as long as you haven't applied AOS for her.