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

[warren_1986 0]

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

[NancyNguyen 1,657]

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 October 26, 2014 by NancyNguyen

[Ryan H 3,790]

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

[Pitaya 2,576]

~ 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 October 26, 2014 by A&B

[landr 126]

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 October 26, 2014 by landr