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FaustInAK

Leaving US before AP arrives: USCIS said it was possible!

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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??

:blink:

Faustine

Edited by FaustineJason

K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

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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.

Edited by Jomo's girl

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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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.


AOS

APRIL 24 2008 - Filed AOS Packet APRIL 28 2008 - Package received and signed for by CHYBA

MAY 6 2008 ( Day 1) - Notice USCIS received MAY 10 2008 (Day 4) -Rec'd all 4 NOA's & Status of all 4 online

MAY 12 2008 (Day 6) - Received Biometrics letter MAY 14 2008 (Day 8) - Biometrics done early.

OCTOBER 22 2008 (DAY 170)- I-765:Card Production Ordered/I-131: Approval notice sent

OCTOBER 27 2008 (Day 175)- AP Received

OCTOBER 30 2008 (Day 178)- EAD Approval Notice Sent OCTOBER 31 2008 (Day 179)- EAD Received

NOVEMBER 4 2008- Applied for SSN / NOVEMBER 24 2008- SSN Received

JANUARY 15 2009- INTERVIEW-APPROVED!!

JANUARY 31 2009- GC RECEIVED_No more USCIS for 10 Months[/color]

ROC

October 27- I-751 Sent

October 30- I-751 Received

April 10-10 YR GC Received

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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.

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...


K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

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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.

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.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Share this post


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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.

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


K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

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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.

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.


carlahmsb4.gif

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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

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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

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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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.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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If you travel before the advance parole document is issued, your application will be deemed abandoned if:

A. You depart from the United States; or

B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

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

Edited by LaL

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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.

I can't agree with this enough. :thumbs: :thumbs:


*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

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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.

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

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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.

I can't agree with this enough. :thumbs: :thumbs:

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! :blush:


3/5/11 sent LOC paperwork

3/9/11 date of NOA

?/?/?? biometrics appointment

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