leaving the U.S. for a conference before receiving AP

[Ayumi_Hamasaki 4]

My student visa has expired, but my I-20 is good. I'm marrying a USC in a few weeks and will adjust my status from F-1 (D/S) to permanent resident.

I've already read many threads on this topic here on vj, but I need to leave the U.S. for an important conference to be held in June in Germany. My partner and I will be getting married end of this March. If everything goes well, I should be able to receive my AP before I leave. I plan on leaving on or around June 9th. I calculated the number of days (roughly 75 days) from the date (approximately) I'll receive NOA1 till I expect to receive my AP. Given that some statistics show that AP's are issued on average within 60-plus days, there's a high possibility that I can plan my trip. However, I do not want to run the risk of my application being considered abandoned. I don't even know if I should reserve my flights. It's too risky.

Others have discussed if it's possible to leave first and receive AP while abroad (have my partner mail it to me). But then again this is against the rules of AP. So I'm not game.

This is not a vacation but an academic conference, and it's important that I go there because I'm presenting my paper there. I understand this is NOT an emergency case, but I'd like to know what you all think.

[chakravo 0]

As far as I understand it, if you leave the country without your AP, you have abandoned your AOS application and you have to start all over again. Havig said that, my AP was approved less than 60 days after we submitted our application (October 15th; December 10th), BUT I would NOT leave the country without the AP. Your F-1 visa will be invalid and you will have no way to come back in quickly.

[Cathi 5,769]

You cannot leave the US BEFORE AP is approved. If you leave before AP is approved you will not be allowed back into the US

[Pitaya 2,577]

Risky proposal. Read page 1 of the Form I-131 instructions for more information:

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

[Ayumi_Hamasaki 4]

First of all, thank you all for your response.

So my plan B is to (re)apply for a student visa in Japan, in which case I'll have to fork out $300.

I am applying for a PR because I know it's against the F-1 policy to enter the U.S. after marrying a USC. However, I don't intend to stay in the U.S. My partner and I will move out of the U.S. due to the nature of the job I'll get after I finish my Ph.D. I really don't know what else to do. Some professional need to travel internationally constantly, and I'm one of these professionals.

Just to reiterate, my student visa already expired, and I'm staying in the U.S. with a valid I-20.

[aussie_jason 195]

You are out of status, the I-20 does not matter. When did your current I-94 expire? Your only path may be to adjust status to have that overstay forgiven depending on how long that is but if you aren't intending to live here then why become a LPR?

[Boiler 45,640]

I was thinking the same, a waste if you are not staying.

[aussie_jason 195]

Sounds like they should have renewed their F1 and when entering the US after getting married to a USC they would just need to make sure they can prove they don't intend to stay.

Edit: removed mentions of overstay that were incorrect

Edited March 8, 2014 by aussie_jason

[Ayumi_Hamasaki 4]

My I-94 is D/S (duration of status), which is typical of any F-1 holders.

To add, I'm not overstaying. F-1 visa is different from, say, H-1 in that my status as a student is valid as long as my I-20 is valid.

[aussie_jason 195]

My I-94 is D/S (duration of status), which is typical of any F-1 holders.

To add, I'm not overstaying. F-1 visa is different from, say, H-1 in that my status as a student is valid as long as my I-20 is valid.

So when did your F1 expire then?

[Ayumi_Hamasaki 4]

My F-1 expired three months ago, which is the reason I'm doing AOS so I don't have to get another F-1 visa knowing I'll be adjusting status.

[aussie_jason 195]

Wow, why do students have it so easy? Forget my mentions of overstay then.

Your best bet then is to remain on the F1 and just make sure you can prove to CBP that you don't intend to stay in the US when re entering,

[Boiler 45,640]

When will you finish Uni?

[AnotherLostSoul 167]

I think you're digging yourself into a more difficult situation than you would want to be. At this point, you have to decide what you want to do. You "cannot ride two horses at the same time". You have to choose. If you don't intend to stay in the US yet you file for AOS so that you don't have to apply for a new F1 visa while coming back...well, Border patrol will laugh at you in the face and turn you right back around (if you leave without your AP). When on files for AOS for a green card that basically means they have the INTENT TO STAY. It's like you saying in a grocery store you would never waste money on two heads of cabbages while you're standing in the line at the check stand with two heads of cabbage in your basket. Come on! You seriously think they'll believe you??? If you desperately want to come back from the conference to the US then do it the right, and least misleading, and least messed up way. Spend that $300 of yours and get a new F1 visa to enter back the US. Seriously. Decide what you want, and play it clean. Everyone will love you for it starting from USCIS, to Embassy, to Border patrol. Or simply measure it up, is this conference going to kill you if you're not attending it? I'm not judging here, I have no idea. I'm in science, we have conferences but I can distinguish which one would be really worth to risk if it came to be in a situation you are putting yourself into right now. Up to you, but I think you'd better think it through than just randomly file here and there. Top of that, while your new F1 visa might cost you $300, your AOS will cost you over $1000. That's more than three F1 renewal process....up to you. Good luck!

Edited March 8, 2014 by AnotherLostSoul

[housam 0]

While im not entirely on the same boat.I am facing similar challenges.filed late January and had to buy tickets to go overseas to a family wedding in late june.cant do AP since we have a visa overstay.I used to be an F-1 student and your absolutely correct.your K-120 is your visa.the stamp on your passport is only for entry purposes.why are you wasting time by waiting til the end of march? Your trapping yourself needlessly.get the ball rolling ASAP instead of gambling your money on plane tickets you might lose.

While im not entirely on the same boat.I am facing similar challenges.filed late January and had to buy tickets to go overseas to a family wedding in late june.cant do AP since we have a visa overstay.I used to be an F-1 student and your absolutely correct.your K-120 is your visa.the stamp on your passport is only for entry purposes.why are you wasting time by waiting til the end of march? Your trapping yourself needlessly.get the ball rolling ASAP instead of gambling your money on plane tickets you might lose.

I meant I-20. I hate auto correct.