Leaving the US before AOS if filed/processed

[Beefheart 31]

Good morning all,

Haven't been on in a while; life has been hectic as always.

Just looking for a little advice regarding Advance Parole. My wife and I never went on a proper honeymoon abroad following our wedding (for obvious reasons). However, some of her family now want us to visit them in South Korea as a belated honeymoon type of holiday. The problem is that we still haven't filed the AOS package (including the AP) yet because of a number of small financial issues, and it looks unlikely that this will have changed prior to our expected departure date.

Is it advisable for me to leave the US before the AOS package is filed, or do I risk not being admitted back into the country upon our return from South Korea? I'm really worried about the whole thing as nobody in my immediate family seems to be bothered about what I perceive to be a very real problem should I leave the US before receiving my green card or even having filed the AOS package.

Any advice; accounts of what's happened to you -- or someone you know -- who may have done the same; or words of wisdom would be greatly appreciated.

Thanks,

Mark

[canadian_wife 1,785]

This is a very real problem. Your K-1 was single entry. You cannot use it to 'get back in'. If you leave, you can only be admitted back into the U.S. with a valid travel document such as the Advanced Parole document or your green card.

Good luck

[bluenight 4]

hello there

its not a good thing to leave usa before getteing the green card or even before getting the advance parole, if you gonna leave without getting your advance parole you will not be able to re enter again to the usa, you need to apply for a spouse visa and this will take long time, you need to get your advance parole first and then leave

good luck

[tolitzpogi 37]

Only when she has the EAD/AP combo card or the temp green card in her hands can your wife reenter the US. Even just filing for it will not allow reentry. Sorry, but you will need to postpone any international travel plans until her immigration status has been taken cared of. Good luck.

Edited May 12, 2015 by tolitzpogi

[Ontarkie 13,902]

It's going to be a lot more expensive having to start all over. Use the money for that trip and get it filed.

[Done--Really 331]

Stand firm with the relatives -- they will have plenty of stories about someone who knew someone who traveled before they had their AP or GC and had no problems. These are mostly urban myths, and the odds of being turned away on your return are very high.

[blest.but.strest 50]

Good morning all,

Is it advisable for me to leave the US before the AOS package is filed, or do I risk not being admitted back into the country upon our return from South Korea?

Thanks,

Mark

Don't leave without AP or Greencard!

Only when she has the EAD/AP combo card or the temp green card in her hands can your wife reenter the US. Even just filing for it will not allow reentry. Sorry, but you will need to postpone any international travel plans until her immigration status has been taken cared of. Good luck.

His wife is the USC.

[clairegie 265]

Words of wisdom? Don't do it. File that AOS now-ish.

[tolitzpogi 37]

Don't leave without AP or Greencard!

His wife is the USC.

Oops my mistake... replace "her" with "your" in my post

[Beefheart 31]

Thanks for all the replies everyone.

I think that pretty much confirms what I already feared. It's difficult having anyone take me seriously, despite having single-handedly dealt with the whole K-1 and complied all the evidence and forms etc. for the AOS. I will have to put my foot down and stick to my guns. There's no way in hell I fancy not being re-admitted and then having to go through a whole host of paperwork and deportation issues.

[clairegie 265]

Thanks for all the replies everyone.

I think that pretty much confirms what I already feared. It's difficult having anyone take me seriously, despite having single-handedly dealt with the whole K-1 and complied all the evidence and forms etc. for the AOS. I will have to put my foot down and stick to my guns. There's no way in hell I fancy not being re-admitted and then having to go through a whole host of paperwork and deportation issues.

Glad to hear you're doing the right thing.

I'm sure her family will understand your situation if you tell them their daughter's happiness will dissolve once she realizes her hubby will be stuck in another country should they insist on this belated honeymoon.

[Cathi 5,609]

Use the money you would have used for the trip and file AOS. If you leave you will not be admitted back in and then you will have to start from the beginning by applying for a spouse visa.

[Jawaree 717]

Not a great idea to travel, seem like CBP can & will do what they

please, maybe it can be sorted out in te end but cost money time

and grief, there have been issues even with Advance Parole at the

airport any attys recommend not using it unless there is a provable

emergeny like medical or death.CBP can deny one entry with AP

it has happened although most AP return smoothly

[Beefheart 31]

It looks like practically all of the travel arrangements have already been paid for by her relatives, and a whole host of activities.

Could I possibly be re-admitted if we claimed, albeit highly irresponsible and unethical of me, one of her relatives had died suddenly? Would that suffice travel at such short notice even without having filed the AP?

I'm grasping at straws here because I feel awful given how much time and money her relatives have invested into this trip.

[Boiler 43,394]

You have a Death Certificate?

Perhaps they should have should of asked first?