leaving US while adjustment of status pending

[JeanTalon]

Is it a bad idea to leave for a week in Canada while my US spouse's petition to adjust my status is pending?

[Reba]

Depends on what status you are adjusting from. If you're adjusting from visitor status, or K1 fiance(e) status, you shouldn't leave unless you have advanced parole first (you should have applied for AP with your AOS package).

If you entered the US on a K3 spouse status, then you are free to come and go as you please, for the 2 years validity of it.

If you entered with student status, or TN or other work related status, I'm not sure, but I think if the initial status is still valid, you can still come and go until the expiration date, but I'm not exactly sure. You may want to make an INFOPASS appointment at your local USCIS office to find out for sure, and/or to apply for Advance Parole (which will now be an additional fee, if you did not apply at the same time as your AOS)

INFOPASS appointments can only be booked on-line, on the USCIS website. http://www.uscis.gov/portal/site/uscis Look down to the bottom right hand side "schedule an appointment"

[nknkck]

I know this might have been discussed in other posts but my situtation is a bit different. My wife (US citizen) and I (Canadian citizen) were married in Canada in 2008. In 2009 my wife who was now 2 months pregnant travelled to US to be with her parents and also wanting to have our baby born there. I visited back and forth till it was time for her delivery. I enttered US with a one way ticket and was asked my intentions at the airport. I have always been truthful with the immigration officials saying that i'm not sure how long i will be in US as it depends on how my wife's delivery goes. They cleared me for entry. Now i have been in the US for 8 months. My wife petitioned for me in October 2009 and we got an approval notice of action (i797) just recently saying the next step would be to apply for i485 adjustment of status.
Now here is my deliema: I'm scheduled to go back to work in Canada in April 2010 or loosing my job or applying for adjustment of status and getting denied since i overstayed. I was wondering if i should leave US and apply for K3 and then reenter or just go ahead and apply for adjustment of status? Please help.

[miguelramosv]

i believe that you would not be denied because of overstaying. The fact that your wife is a US citizen means that you overstaying does not matter.

A friend of mine just got his AOS approved successfully after overstaying by a significant amount of time.

[nknkck]

Thanks a lot but i do not want to loose my job and applying for AOS would bar me from leaving the US and enter canada.
If i leave US and apply for K3 visa would that cause a delay? Would my application for k3 visa be approved?