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Leaving the US before AOS if filed/processed

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Good morning all,

Haven't been on in a while; life has been hectic as always.

Just looking for a little advice regarding Advance Parole. My wife and I never went on a proper honeymoon abroad following our wedding (for obvious reasons). However, some of her family now want us to visit them in South Korea as a belated honeymoon type of holiday. The problem is that we still haven't filed the AOS package (including the AP) yet because of a number of small financial issues, and it looks unlikely that this will have changed prior to our expected departure date.

Is it advisable for me to leave the US before the AOS package is filed, or do I risk not being admitted back into the country upon our return from South Korea? I'm really worried about the whole thing as nobody in my immediate family seems to be bothered about what I perceive to be a very real problem should I leave the US before receiving my green card or even having filed the AOS package.

Any advice; accounts of what's happened to you -- or someone you know -- who may have done the same; or words of wisdom would be greatly appreciated.

Thanks,

Mark

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This is a very real problem. Your K-1 was single entry. You cannot use it to 'get back in'. If you leave, you can only be admitted back into the U.S. with a valid travel document such as the Advanced Parole document or your green card.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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hello there

its not a good thing to leave usa before getteing the green card or even before getting the advance parole, if you gonna leave without getting your advance parole you will not be able to re enter again to the usa, you need to apply for a spouse visa and this will take long time, you need to get your advance parole first and then leave

good luck

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Only when she has the EAD/AP combo card or the temp green card in her hands can your wife reenter the US. Even just filing for it will not allow reentry. Sorry, but you will need to postpone any international travel plans until her immigration status has been taken cared of. Good luck.

Edited by tolitzpogi

10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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It's going to be a lot more expensive having to start all over. Use the money for that trip and get it filed.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Stand firm with the relatives -- they will have plenty of stories about someone who knew someone who traveled before they had their AP or GC and had no problems. These are mostly urban myths, and the odds of being turned away on your return are very high.

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Good morning all,

Is it advisable for me to leave the US before the AOS package is filed, or do I risk not being admitted back into the country upon our return from South Korea?

Thanks,

Mark

Don't leave without AP or Greencard!

Only when she has the EAD/AP combo card or the temp green card in her hands can your wife reenter the US. Even just filing for it will not allow reentry. Sorry, but you will need to postpone any international travel plans until her immigration status has been taken cared of. Good luck.

His wife is the USC.

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Words of wisdom? Don't do it. File that AOS now-ish.


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Don't leave without AP or Greencard!

His wife is the USC.

Oops my mistake... replace "her" with "your" in my post :)


10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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Thanks for all the replies everyone.

I think that pretty much confirms what I already feared. It's difficult having anyone take me seriously, despite having single-handedly dealt with the whole K-1 and complied all the evidence and forms etc. for the AOS. I will have to put my foot down and stick to my guns. There's no way in hell I fancy not being re-admitted and then having to go through a whole host of paperwork and deportation issues.

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Thanks for all the replies everyone.

I think that pretty much confirms what I already feared. It's difficult having anyone take me seriously, despite having single-handedly dealt with the whole K-1 and complied all the evidence and forms etc. for the AOS. I will have to put my foot down and stick to my guns. There's no way in hell I fancy not being re-admitted and then having to go through a whole host of paperwork and deportation issues.

Glad to hear you're doing the right thing.

I'm sure her family will understand your situation if you tell them their daughter's happiness will dissolve once she realizes her hubby will be stuck in another country should they insist on this belated honeymoon.


My K1 timeline (4 months/NO expedites): http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)

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Use the money you would have used for the trip and file AOS. If you leave you will not be admitted back in and then you will have to start from the beginning by applying for a spouse visa.



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Not a great idea to travel, seem like CBP can & will do what they

please, maybe it can be sorted out in te end but cost money time

and grief, there have been issues even with Advance Parole at the

airport any attys recommend not using it unless there is a provable

emergeny like medical or death.CBP can deny one entry with AP

it has happened although most AP return smoothly

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It looks like practically all of the travel arrangements have already been paid for by her relatives, and a whole host of activities.

Could I possibly be re-admitted if we claimed, albeit highly irresponsible and unethical of me, one of her relatives had died suddenly? Would that suffice travel at such short notice even without having filed the AP?

I'm grasping at straws here because I feel awful given how much time and money her relatives have invested into this trip.

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You have a Death Certificate?

Perhaps they should have should of asked first?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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