Is it possible to leave the country without GC in hand?

[Pinkinsight 3]

Hello,
So I have been trawling all these forums to find a few answers (because we all know USCIS never likes to actually help anyone via email or over the phone). My now husband and I got married at the end of April. I entered on a K1 visa in January and obviously have been here ever since. We lodged our adjustment of status greencard paperwork and have been in the process of that for some time. The average wait time for approval is roughly 6 months. 3 months into waiting I received a letter stating we were eligible to bypass the consulate interview if we qualified (my husband and I have been together for 7 years and have plenty of documentation - so this was a positive). In the same letter it also stated that good old USCIS was backlogged and it could take a further 6 months from the date of the letter! This would actually make my expected GC arrive in Feb 2015 if it was 6 months from that letter.

I had scheduled to fly back to Australia in November for a couple of weeks to visit both my Dad and grandparents (as it was cheaper for me to buy a return ticket than a one way when I originally left). I know you can not leave the country while your GC application is in progress as you void your application, which NO ONE wants to happen. I haven't seen anywhere an option for "extenuating circumstances" to be able to have temporary leave. I don't even know if that is an option?

One important question I do have (and in my optimistic mind right now am praying is the case) - if we don't have to do the consulate interview (I have already done my biographic info MONTHS ago also) and get notification that my GC is approved, but not in hand (it is easy enough for my husband to express it to me while away if it does arrive) - can i leave the country? I read somewhere that you also get a stamp in your passport for GC, i thought it was just a card??? I have to renew my passport this month too...so potentially another spanner in the works.

I am just really desperate to go back to Australia and February is an extremely long way away for me and I struggle to find any useful information on this part of the process. Any experiences, information or guidance would be greatly appreciated!

[Super King 26]

Did you file for AP ( Advanced Parole) with your AOS?

[KayDeeCee 4,891]

You could/should have filed for AP(and EAD) when you filed the I-485. The EAD/AP takes 60-90 days from filing to receive. You can travel outside the US and re-enter using the AP or green card. I would not leave without the green card being in your hand already.

[Pitaya 2,576]

~Moving from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Inquiry about post K1 - pre AOS travel~

Edited October 9, 2014 by A&B

[NigeriaorBust 4,087]

No one will prevent you from leaving. But if you don't have a green card or an EAD card you will be back at step 1 , filing an I130 and waiting about a year to come back.

[Boiler 43,425]

What is wrong with AP?

[Girl from Celebes 588]

What is wrong with AP?

Seems the OP did not file it along with her I-485.

[Ian H. 207]

If your AOS was approved it means you are an LPR already. Therefore, you may be able to get an ADIT stamp on your passport by making an infopass appointment. You can bring the NOA1 for your AOS and they should be able to see that it was approved and give you the stamp.

As suggested, do not leave until you have the card in hand or are able to get the stamp. If your application was approved it may be too late to apply for AP.

[LORIEandPHIL 123]

You just got a standard letter that many people get about not needing an interview. It does not mean you will automaticaly get your green card. You needed to apply for AP, and EAD ( they are to allow you to leave the country, and to work legally without your green card) You should not leave the country without AP, or a green card. You can try and get AP expedited if you can show grounds for doing so. I doubt you will be traveling back in November.

[KayDeeCee 4,891]

If your AOS was approved it means you are an LPR already. Therefore, you may be able to get an ADIT stamp on your passport by making an infopass appointment. You can bring the NOA1 for your AOS and they should be able to see that it was approved and give you the stamp.

As suggested, do not leave until you have the card in hand or are able to get the stamp. If your application was approved it may be too late to apply for AP.

The OP did not state they had been approved already. They said they received the interview waiver letter. They will most likely be approved without an interview, but the approval has not come yet. Also, sometimes people get the interview waiver letter and then still end up getting an interview after all.

[Pinkinsight 3]

The OP did not state they had been approved already. They said they received the interview waiver letter. They will most likely be approved without an interview, but the approval has not come yet. Also, sometimes people get the interview waiver letter and then still end up getting an interview after all.

That is correct. I also did not even know about AP until about 3 weeks ago. That being said also, I should of had my greencard by now if I didn't get bypassed with the interview waiver.

I probably never would have applied for AP at the time of original lodgement either as both my Father and Nanna never had any health issues at the time. You can't apply for AP just for a holiday. The whole process to me is just infuriating. 3 months to get an answer for a request to leave is absurd. I requested my application to be expedited but who knows how long that takes either (or even if it is accepted as an expedite).

[Boiler 43,425]

Ead and AP come as a package now. Holiday is fine.

[Ian H. 207]

I think the I-131 makes it sound like you can only use AP for an emergency, but plenty of people apply for AP and use it for any reason to travel, emergency or not.

[Pinkinsight 3]

In all of the documentation i have read for AP (I-131) it clearly states it can only be for 3 reasons:
a. Educational purposes include, but are not limited to, semester abroad programs or academic research;
b. Employment purposes include, but are not limited to, overseas assignments, interviews, conferences,
training, or meetings with clients;
c. Humanitarian purposes include, but are not limited to, travel to obtain medical treatment, attend funeral
services for a family member, or visit an ailing relative

It also has a sentence that you can NOT request it just for travel for vacation.

Quoted form the Application instruction:

Travel for vacation is not a valid purpose. You must NOT file Form I-131 with your deferred action request or your package will be rejected and returned to you.

[Boiler 43,425]

Mountain and Molehill

I guess everybody has at least one relative and who knows when there health may fail?

I used mine for holiday.

Mountain and Molehill

I guess everybody has at least one relative and who knows when there health may fail?

I used mine for holiday.