Leaving the USA without Advance Parole

[plinkabob 7]

Hey guys. I have been waiting for my marriage certificate for weeks now. It has apparently been lost in the post and I can't apply for a new one until the 17th December. Unfortunately this means I am probably not going to be able to get my AP in time to go back to Europe for the beginning of February. I have a potential job lined up from 5th Feb until mid April so would be away for a while.

I was just curious if the AP was needed to leave the country or if it is only needed to return? I am sure it would be ready in time for me to come home and I could just get the card posted to me in the UK. Does anyone have any experience with leaving without the AP but successfully re-entering with it?

Thanks in advance!!!

[Ontarkie 13,898]

You need it before you leave.

[Pitaya 2,576]

From the VJ K1/K3 AOS Guide (emphasis added):

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

[plinkabob 7]

Grrrrr! So annoying. Let's hope it comes through in record time. I'm guessing a well paid job isn't classed as an emergency. Haha

Thanks guys. I just wish there was another way.

[Boiler 43,381]

If you can find an reason to expedite that seems your only option.

[NancyNguyen 1,657]

Why did you apply for greencard when you expect to work out of country?

[plinkabob 7]

I work on tour, traveling with bands across the world. I was offered this job before I moved to the states and was hopeful that my AP would be approved before this particular tour started. I am hoping to carry on with my career where ever it is I live. Just so happens that the love of my life lives in Chicago, hence getting married and applying for a green card.