Jump to content
Sign in to follow this  
warren_1986

AP Question: Do you need it when you leave the US, or just to get back in?

5 posts in this topic

Recommended Posts

Filed: Timeline

Dear all,

So I sent off my AOS, AP, and EAD application on October 21st. I'm guessing that I should have the AP by around January 21st if it takes about 90 days.

I need to go back to the United Kingdom a few days before that though, January 18th.

So - do you need your Advanced Parole document when you leave the US - or do you just need it to get back in? I'm wondering if I hasn't arrived by the time I need to return to the UK, my wife here in the US could send it to me while I'm abroad, and then I could use it to get back in.

If anyone's had any experience with this please let me know.

Many thanks,

David

Share this post


Link to post
Share on other sites

If you leave before you have your ap in hand, you will be considered you have abandoned your whole AOS, not AP alone. You don't need it to leave, but when airline reports your departure (your AP is still being processed by the time you leave), your AOS will be denied accordingly.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from UK regional forum to Working & Traveling During US Immigration forum. Duplicate thread removed.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

~ :time: It helps everyone that uses the forum, or is helped by the forum.~

Not a good idea, for the reasons previously mentioned. Check previous similar forum threads. Wait for your EAD/AP combo card.

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Share this post


Link to post
Share on other sites
Filed: Timeline

I need to go back to the United Kingdom a few days before that though, January 18th.

You can leave anytime you want with your original passport. You aren't a prisoner in the States. But getting back in is going to be the problem. If you abandon your adjustment then you'll likely go back to square one and have to go through the spousal visa route - could be another year or so for approval. Which means that you'll have wasted the time and money you've already invested in the K-1 and AOS/AP/EAD applications.

You can try to request an expedite for the AP. It's worth bearing in mind that your chances of success will depend on the reason for the expedite and your need to return to the UK, e.g., a court appearance versus a holiday.

Edit: You don't have to take our word for it, here's the official blurb:

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole; you must have received approval before you travel.

and

K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel.

Edited by landr

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...