Advanced Parole Document

[abols]

Hi-
I am trying to make sure I have understood the system and I am not going to do something wrong...
I entered the US 5 years ago on J1 visa; in a year I applied for F1 visa and 2 years, a denial, a lawyer and a congressman later my case was finally approwed. I graduated from the college last December (2005) and got my OPT and have been working since February. In September I got married with a US citizen and submitted all the paperwork for the Adjustment of Status. My 131 case is pending as well. I really want to go home for Cristmas or any time after (as soon as I get the Advancced Parole Document). What are my chances of coming bank into the US? Could I really not get in? I have not left from here for 5.5 years, but I have always been legal. It sais "valid for duration of status" on my I-94. Please advise....

[abols]

Hi-
I am trying to make sure I have understood the system and I am not going to do something wrong...
I entered the US 5 years ago on J1 visa; in a year I applied for F1 visa and 2 years, a denial, a lawyer and a congressman later my case was finally approwed. I graduated from the college last December (2005) and got my OPT and have been working since February. In September I got married with a US citizen and submitted all the paperwork for the Adjustment of Status. My 131 case is pending as well. I really want to go home for Cristmas or any time after (as soon as I get the Advancced Parole Document). What are my chances of coming bank into the US? Could I really not get in? I have not left from here for 5.5 years, but I have always been legal. It sais "valid for duration of status" on my I-94. Please advise....

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by abols:
I entered the US 5 years ago on J1 visa; in a year I applied for F1 visa and 2 years, a denial, a lawyer and a congressman later my case was finally approwed. </div></BLOCKQUOTE>

Can you be more specific about the timeline of the decribed events?

[marmaduk]

As long as you've never incurr illegal presence, you should be allright re-entering with AP. I seriously doubt USCIS will deny a marriage based AOS before the interview, as long as its not a matter of technicality (incomplete forms, etc).

[abols]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by abols:
I entered the US 5 years ago on J1 visa; in a year I applied for F1 visa and 2 years, a denial, a lawyer and a congressman later my case was finally approwed. </div></BLOCKQUOTE>

Can you be more specific about the timeline of the decribed events? </div></BLOCKQUOTE>
Timeline:
July 2001 entered the US on J1 visa
June 2002 applied fror change of status to F1
August 2004 finally got an approval for F1
January 2006 got Work authorization card for a year.
September 23, 2006 got married and applied for AOS in October.

Today I got the letter from USCIS asking for more evidence. My husband's income alone did not meet the 125% of poverty guidelines, so I submitted my income as well. Together we have more than enough. Well - obviously it was not good enough and they are asking us to submit additional evidence that we generate enough income. This can affect my chances of even getting the Advanced Parole - right?

[marmaduk]

I thought your income as a sponsored applicant can't be counted toward the household minimum income requirement?
As for the AP, as long as the base AOS is still pending, an RFE will not have any bearings on whether an AP will be approved/rejected.