Me and Wife needs to leave to country SOON during AOS processing!

[clairegie 265]

Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.

Source: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[Pitaya 2,576]

Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.

Source: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Agree

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

Good luck on your immigration journey.

[Hypnos 6,576]

You cannot ask to expedite your AP application until you've filed it.

If you depart the US before the AP is granted then the AoS will be considered abandoned, and your wife would be stranded outside the US.

[itsmehere 0]

Hello Everyone,

Me and my Wife had a very small wedding at the city hall when she came over. She has a big family back overseas and we have scheduled to have a wedding there at church and with all her family. The thing is that everything is set up and ready to go, we will be married in front of God on July 18th. Her AOS documents are being processed at the moment, so we will need to file for Advance Parole. What shocks me is that the average processing time is 90 days, which is too late for us.

I may have gotten myself into some trouble, I know I should have applied for Advance Parole sooner, but its too late now.

There is an expedited process though, if you qualify. Do you think USCIS will accept an expedited/emergency advance parole application in our case?

We have gotten a letter from the church pastor saying that we have a wedding at a specified date. I am currently getting it translated.

Is there anything else I can do to help myself out in this situation?

Thank you guys,

Igor and Anna

According to www.uscis.gov, if there's an Adjustment pending she'd need Advance Parole. If there's an emergency, the case can be expedited. A wedding isn't an emergency and plus, the 90 day processing is only an estimate. It can take longer. You can't just hand in your application one day and expect it to be processed the next. They do have one thing on there that says if you're leaving the U.S. in 48 hours you can make an Infopass appointment on their website and you'll be assisted accordingly. For the expedite, if you call customer service they tell you the wait time is between 5 and 30 days to just hear back from the office. Also, after that, more than likely the office processing your case asks for evidence that you meet the criteria but doesn't tell you what evidence to provide since that burden is on you.

[Hypnos 6,576]

The 90 day processing time is actually mandated by law. There are (rare) cases when USCIS exceed that limit, but they are few and far between.

Either way, a wedding is unlikely to be considered a valid reason for an expedite by USCIS. The OP's poor planning is not a valid reason to take someone else's position in the queue ahead of them for themselves.

Edited May 2, 2015 by Hypnos