AP - leaving the country while waiting

[Rwlaird 18]

We are waiting for our AP document to be approved. We are planning to take a trip soon to visit my wife's family. We've been waiting almost two months, part of it being delayed by a mistake on the part of the agency that they admitted to (for whatever that's worth - probably not much). We finally saw a little movement since the checks were cashed two days ago. In our application we indicated a travel date in early August. Our plan is for my wife and stepson to go in early August and then I will meet them there later in the month. If the document hasn't arrived when she wants to leave one thought is that I could bring it with me since it should arrive in plenty of time before I leave to join them. I've read the instructions as closely as I can but still am not totally clear about the process regarding biometrics. If we need to get biometrics taken but she leaves the country I've read that it could result in the application being denied so I'm wondering what the ramifications are. Fingerprints were taken at the airport entrance when she arrived on her K1 visa in February. It seems like they wouldn't need to be done again.

Without any lectures about it being better to be safe than sorry, etc can anyone with real experience please share your insight? Thank you!

[Harpa Timsah 13,258]

If you leave before you have approved AP in hand, they will consider your I-485s automatically abandoned. Biometrics also need to be redone again, for every stage. Don't leave without approved AP in hand, or you will start over with a spousal visa.

[sufyan.ahmed63 0]

hahahahhahaa

[ryna 132]

We are waiting for our AP document to be approved. We are planning to take a trip soon to visit my wife's family. We've been waiting almost two months, part of it being delayed by a mistake on the part of the agency that they admitted to (for whatever that's worth - probably not much). We finally saw a little movement since the checks were cashed two days ago. In our application we indicated a travel date in early August. Our plan is for my wife and stepson to go in early August and then I will meet them there later in the month. If the document hasn't arrived when she wants to leave one thought is that I could bring it with me since it should arrive in plenty of time before I leave to join them. I've read the instructions as closely as I can but still am not totally clear about the process regarding biometrics. If we need to get biometrics taken but she leaves the country I've read that it could result in the application being denied so I'm wondering what the ramifications are. Fingerprints were taken at the airport entrance when she arrived on her K1 visa in February. It seems like they wouldn't need to be done again.

Without any lectures about it being better to be safe than sorry, etc can anyone with real experience please share your insight? Thank you!

She will need a second biometrics appointment related to the EAD and/or GC. The problem with your plan is that, even if it arrives and you physically carry it with you, if her departure date in the CBP database is before the AP was approval, they will consider her AOS abandoned and she will be ineligible to re-enter.

But, there should be a way to expedite. Since your AP app included the August travel date, if the departure date gets too close, schedule an INFOPASS appointment to explain the situation. In many cases, AP can be granted on the spot. Generally, this is reserved for emergencies but given the travel was included on the app, you may have some success.

Bottom line is, if she intends to come back without starting a visa process all over again, she should not leave the U.S. until this approval is given.

Good luck!

[Harpa Timsah 13,258]

We indicated travel plans in the application, and the date came and went - no expedited AP, even with senator's involvement. It's only granted in an emergency.

[Anh map 2,098]

We are waiting for our AP document to be approved. We are planning to take a trip soon to visit my wife's family. We've been waiting almost two months, part of it being delayed by a mistake on the part of the agency that they admitted to (for whatever that's worth - probably not much). We finally saw a little movement since the checks were cashed two days ago. In our application we indicated a travel date in early August. Our plan is for my wife and stepson to go in early August and then I will meet them there later in the month. If the document hasn't arrived when she wants to leave one thought is that I could bring it with me since it should arrive in plenty of time before I leave to join them. I've read the instructions as closely as I can but still am not totally clear about the process regarding biometrics. If we need to get biometrics taken but she leaves the country I've read that it could result in the application being denied so I'm wondering what the ramifications are. Fingerprints were taken at the airport entrance when she arrived on her K1 visa in February. It seems like they wouldn't need to be done again.

Without any lectures about it being better to be safe than sorry, etc can anyone with real experience please share your insight? Thank you!

When you receive the NOA1 make an Infopass appointment at your local USCIS office to see if you can get the AP. That would be your best course of action.

[Harsh_77 718]

Having travel plan would not move your application any sooner, you will have to wait for AP, you cannot leave before that.

Your exit date would be of earlier than of your AP date which means you would have exited out of country before the AP.

[ryna 132]

We indicated travel plans in the application, and the date came and went - no expedited AP, even with senator's involvement. It's only granted in an emergency.

In an InfoPass setting, it's more likely than requesting expedited AP from the service center. Not guaranteed by any means, but I think the IO at the local office has more leeway to decide.

It can't hurt to try that route but, if not granted, don't leave!

[Gary and Alla 3,694]

When you receive the NOA1 make an Infopass appointment at your local USCIS office to see if you can get the AP. That would be your best course of action.

Best answer!

This is exactly what we did for our son who needed to get his AP and/or green card quickly. We filed the AOS for him and made an inforpass immeditately when we had the NOA1, we did walk in biometrics at that point and an emergency AP which we had in our hands in 10 days. He got his green card in 7 weeks and so ended up not needing the AP, but better safe than sorry.

When we applied they asked if we wanted the AP snet to our home or sent to the Moscow consulate, you can specify this when applying.

If you leave the conutry without a valid AP your AOS will be considered abnadoned and denied. You would have to file for a CR-1 to bring your wife back UNLESS you make arrangements ahead of time for an emergency AP. I would suggest, make an info pass appointment when you have your NOA1 from filing the AOS and talk to folks sat the local office.