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CrownMan

Question about AP

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Hi everyone

I had a question about the AP (advanced parole) doc. Assuming you get the AP during the AOS process now but your status expires in 2 months and you don't have an interview/your GC by then - can you travel outside the US after your status expires? and if you do will/can you be admitted back in without problems?

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It is my understanding that you if leave the US before getting either your AP or GC it is considered you abandoned your petition.

The AOS guide clearly states : " 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)".

More info here : http://www.visajourney.com/content/k1k3aos

Hopefully others can confirm this.


US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

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I understood the question differently - If I read the OP right, he asked if he can travel outside the US with the AP, if his status has expired while his AOS was pending.

For that, the answer is yes. As long as your AOS submittion was acknowledged by USCIS before your previous visa status had expired, you have not accumulated any overstay and can travel with the AP. The period from when USCIS receives your AOS application to when you get a decision on the application is a new period of authorized stay, and your previous status expiring is not relevant anymore.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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