Hi,
I just called USCIS to have more information about timeline to receive the AP after application.
I worry because 3 months and 1 week after sending the AOS/AP/EAD, we would like to go back to my home country to have a religious ceremony with my family and friends. Is it reasonable according to you to plan a ceremony abroad a little bit over 3 months after application?? On the phone, the person told me that for California Center, AP from september 2007 are still being processed!!? Is that a joke?????
Anyway, as I may not have received my AP document before our ceremony date in my home country, I was wondering if I could leave the US without my AP but have the actual document sent to my home country, so that I could have it to reenter the US. Because I think the document doesn't have to be shown when we leave the US, but only when we come back...
And you know what: The person at USCIS told me it was possible!!!!!! If I have the form sent by USCIS to the US consulate/embassy in my home country! Has anyone done that before???
What do you think??


Faustine

I just read where someone did this in a post today. Can't remember where it was now.

It took them 3 months to get that document after they went back.

Be very careful with this.

My suggestion is to never plan anything until you have the documents IN HAND.

How about have the religious ceremony in the US and invite your family and friends (who, if French citizens, can enter US on VWP)?

That seems quite risky to me, I got to 3 days before the 90 day mark for the AP and got an RFE.

You never know, its better to be safe than sorry. If you are not in the country and something like that happens it would be quite an ordeal I would think...

Maybe give it an extra month if possible?

Sorry, I know this is not what you wanted to hear.

Hello!
What do you mean you read a post of people who did the same? Do you mean leaving the US without the AP in hand or that they planned a wedding abroad exactly 3 months after application??
I know it isn't wise, but when I look at the timelines, it usually takes less than 3 months from application and approval. Of course, it is risky and that is what worried me right now. But all my family and friends cannot afford to travel to Alaska for a ceremony. In addition to that, my grandmother that I love very much is very old and sick, she cannot travel and I am afraid that if we postpone the ceremony, she won't be part of us anymore...

Yes, left without AP in hand. They waited 3 months in that other country for her to receive AP and be able to come back. He had to return without her cause he had a job to get back to.

All are very good reasons to do what you are suggesting and I could see wanting to do it. But, I'm going to tell you, I have been on this site for over 2 years and I have seen all kinds of people deeply disappointed when things did not go the way they planned. Those timelines are just guides and are in no way, shape, or form a guarentee of what will happen in any given case. I would never advise anyone to plan around one.

As long as you know the possiblities are there that may force you to stay behind for a prolonged period of time, then carry on as you obviously have your mind set on. I wish you well with it.

Thank you... I will think about it again... I know there are risks. It isn't an easy situation.
But, it IS possible to leave the US without AP while the case is pending and have it sent to the country where we are going to be, right?? No doubt abou that?? I wonder why people always say that if you do leave without AP in hand, then USCIS consider that you dropped your case immediately. How does it work exactly? I mean, when do they consider that you dropped your application for GC? Any idea maybe? I just try to figure out how it works exactly. Hearing different points of view can be really useful...
Thanks again
Faustine

It's about wording...

Can you leave the USA without AP? Yes...
Can you have someone send your AP documents to you in another country? Yes...
Can you get back into the USA with those documents? Hmmm, maybe NOT!!

Your AP documents are going to be dated AFTER you left the country. So, you're not going to get in.

By all means have your religious ceremony after you get your AP. The three month timeline is what WE HERE SAY to people who are asking. That's about "average". USCIS doesn't say this at all. So expecting it to come within 3 months is not a given at all.

As a previous poster said, what if you get an RFE while you're out of the country as well?

Some risks are just not worth taking.

Hi Faustine!

I just had my interview at the embassy today, and I thought I would let you know what they told me.
Without asking anything, they warned me to be aware that you cannot leave the US without your AP, otherwise you could get stuck in France.
The lady even said that they are ,right now, some persons stuck in France, and that's why she was telling every K1 applicant that, so it doesn't happen to us.
I know your situation is not easy, I understand that, but I read your thread yesterday, and thought immediately about you when she told me that!
Good luck with either decision you will make.
Pam

From the Instructions page for Form I-131:
(it clearly states leaving prior to the issuance of the AP will lead to abandonment of the AOS)

Advance Parole
Most aliens who have pending applications for adjustment of status need to obtain an advance parole document in order to leave the United States without abandoning the pending application and to return to the United States after traveling abroad. An advance parole document is issued solely to authorize the person who travels to a U.S. port of entry to seek parole into the United States to await the adjudication of the pending application.

*******************************

An alien's application for an advance parole document on the basis of a pending application for adjustment of status must be approved prior to leaving the United States. Whether to grant advance parole is a matter of USCIS discretion. If an alien with a pending Form I-485 requests an advance parole document, and USCIS grants it, USCIS normally issues a 1-year, multiple-use advance parole document. If the alien leaves prior to issuance of the advance parole document, his or her application for adjustment of status will be considered abandoned. There are certain exceptions to this consequence as listed below.

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned:

*
Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;
*
Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;
*
Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)
*
Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.

In certain circumstances applicants for other immigration benefits, such as under NACARA, HRIFA, or Temporary Protective Status, may be able to obtain an advance parole document.
Aliens in the United States should, prior to departure, obtain an advance parole document in order to return to the United States after travel abroad if they have:

*
Filed an application for adjustment of status but have not received a decision from USCIS;
*
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; or
*
An emergent personal or any other non-emergent bona fide reason (such as a need for business travel) to travel temporarily abroad.

********************************************************
Please note that issuance of an advance parole document does not guarantee admission into the United States. In fact, an alien who has an advance parole document will generally be paroled into the United States, rather than admitted. Aliens with advance parole documents are still subject to immigration inspection at the port of entry. A separate decision whether to parole the alien is made each time the person presents himself or herself for inspection at a port of entry with the advance parole document.

If an applicant is granted an advance parole document, but is determined upon return to the United States to be inadmissible (and parole is not appropriate), he or she will be placed in removal proceedings challenging their admissibility.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

One last comment - the 1-800 line isn't known as the "Mis-information Line' for nothing. Don't believe anything you hear on the telephone from the immigration answering service if it goes contrary to what is written down on immigration forms or in legislation. The people answering the phones are not Immigration personnel - they are merely workers at a call center reading prepared scripts and have minimal familiarization with immigration procedures or legislation. That is one of the major ongoing complaints many of us have with Immigration - that the Information Line is inaccurate, inconsistent, un-helpful and sometimes dangerously wrong. When you call them you are not speaking to USCIS unless they escalate the call to an Immigration Officer.

http://www.uscis.gov/files/form/I-131instr.pdf

I can't agree with this enough.

You deserved an applause... I learned a lot today with this issue!!!

Same here! We called the misinformation line way back before filing when we weren't sure what to even file for. Without going into our details (which don't pertain to AP), the information the morons that answer that 800# gave us could have resulted in my fiance being banned from the US for several years!! I do NOT trust them one single bit and it's sad because many people (who havne't found VJ yet lol) call them and trust they are being given accurate info. What further aggravates me is that they aren't held accountable. They get away with giving out this very dangerous incorrect info that can really ruin people's lives and the innocent suffer while they continue to collect their paycheck.
Sorry, this stuff gets me so riled up!

Here is my story:

We organized the religious wedding in Europe (date, catering, house rental, honeymoon,...) before we got our K1 visa approved!!!!!
We even had already bought our airplane tickets and Friends & family who live all arround the world did it too!
We did that based on statistics!!! we were so confident!

You can imagine the stress it has been during the whole process...
First I was stressed about K1 visa that "had" to be approved in time so I could immediately go to the US and marry ASAP to start the AOS. Then I was waiting for the AP (the only form I coudn't track on the Immigration website, ironic isn't?)...
If you look at my timeline, you'll see that at the end, everything worked well and I even got the green card prior traveling but I slept very badly for months and had health problems due to the stress...

My suggestion is to wait until you have the AP in hand to organize your wedding... especially if you haven't book anything yet! How are you gonna enjoy your special day if you don't know how it will happen at the POE?
Keep in mind that you will have to start a new procedure to re enter in the US if you are denied and according to statistics, it takes 6 months!!! and you will not be able to visit your husband during that time...

Just my opinion...

There is NO WAY that I would even consider leaving without Advance Parole papers in my hand.

I am in total agreement with Kathryn41 and CarlaWarla.

Don't risk it - you could land yourself in a total immigration nightmare.

I completely agree with everyone above, please don't try leaving the country without your AP. I actually filed AOS way back in 2005, when you could walk the paperwork into a local office and speak with an immigration officer to hand it over and get a receipt for it. I remember that officer very clearly warning me AGAINST even filing for AP unless its for a real emergency, he said he'd heard too many horror stories

Good luck with whatever you decide though, I know getting back to see family and friends is a huge thing.

IN May I needed an emergency AP(and was approved..) but my daughters was lost in the mail..so we made an info-pass..keep in mind her AP was approved..I just didn't have it in hand..the immigration officer at the info-pass said..and I quote **you can go ahead and take your daughter out of the country..and have the AP mailed..because she was already approved..it MIGHT work..he said we must keep in mind that it is ALL up to the border patrol..USCIS can say whatever they want..it doesn't make it so... it all hinges on the border agent you encounter..in our case..her AP arrived the morning we were scheduled to leave...otherwise we were not risking it..Please keep everything in mind that people have said..you're taking a HUGE risk..in the long run..it won't be worth it..I know right now it seems dire..but if you get stuck in France..or even worse ..they consider your application abandoned.. You will be devastated...

good luck in your journey

S

Your AP was dated I bet when it was approved, which is why if you left the country and had it mailed to you, this might have made a difference. The OP is awaiting approval still. Glad you had everything together before you left shawna! It's true as well that it's all up to the BO!

I was very lucky..but I was really pointing out that even though we were approved..the immigration officer said it still could be a huge problem..I am totally in agreement with you and K41!

(I started babbling and my point was lost! )