Leaving US without AOS Advance Parole allowed ?

[durden2128 4]

My  unreasonable wife and stepdaughter seem to believe that they can leave the US without their Advance Parole  I-I31 document approved while their AOS/Green card is pending and return to US. Is that still possible  ? I'm reading that its no longer possible. My wife seems to think she can leave to go visit her mother in Russia and I can send her the Advance Parole document via mail and that she would be able to return to the U.S with no issues. Any opinions or knowledge of this ? And also we've been waiting 9 weeks now after their biometrics exam with no word from USCIS and I honestly have no idea how to actually get anyone on the phone at USCIS with the literally endless option choices that never connect you to an actual person.

[Unidentified 2,930]

Nothing is stopping them from leaving but without the Advance Parole they can't come back. Their AOS will be considered abandoned as soon as she leaves the country and you would have to apply for a spousal visa. 

[little immigrant 801]

As soon as she leaves her AOS will be abandoned. Even if you send her the card I'm sure it will come out that she left before it was issued and she'll be denied entry. 

 

AOS takes time. Check out the processing times https://egov.uscis.gov/processing-times/

 

Also you can check your case status online at myaccount.uscis.dhs.gov and egov.uscis.gov 

Edited June 30, 2018 by little immigrant

[Jojo92122 1,925]

17 minutes ago, durden2128 said:

My  unreasonable wife and stepdaughter seem to believe that they can leave the US without their Advance Parole  I-I31 document approved while their AOS/Green card is pending and return to US. Is that still possible  ? I'm reading that its no longer possible. My wife seems to think she can leave to go visit her mother in Russia and I can send her the Advance Parole document via mail and that she would be able to return to the U.S with no issues. Any opinions or knowledge of this ? And also we've been waiting 9 weeks now after their biometrics exam with no word from USCIS and I honestly have no idea how to actually get anyone on the phone at USCIS with the literally endless option choices that never connect you to an actual person.

You'll enjoy this.  You can tell your wife that she's wrong.  This will be fun with Russian women.  

 

Your wife MUST have the AP in her hands before she leaves the US if she wants to return.

 

She can leave anytime she wants.  If she leaves without AP in her hands, she is not coming back without a CR-1 spousal visa which takes a year to get.

 

You can not mail it to her.  It must be issued and received BEFORE her exit date.  People who leave before the issued date on their AP do get denied entry into the US and are sent back home because they abandoned their AOS.  If it's after her exit date, she may still get back into the US, but the AOS will be denied for abandonment and you will have to start all over with AOS.  This has happened.  People have reported this happening to them.  

 

Your wife just got her.  Tell her, she needs to wait another 3-4 months to get her EAD/AP card which allows her to return to the US after she leaves.  This is the process that you guys signed up for with the K1.  You have to live with the limitations.  This isn't Russia.  We take the rule of law a little bit more seriously.  You can't be flippant about immigration LAWS.  Obey them.  Follow them.  Don't mess up your life because you can't wait a few months.

Edited June 30, 2018 by Jojo92122

[Roel 7,193]

As long as she's ok with not seeing you for another year or so (when they will process the spouse visa) , she can absolutely leave. Nice, long vacation in Russia. 

[Going through 5,674]

If your wife is that strong-headed, show her this thread with multiple replies on how she needs to wait for the AP before exiting the US.

 

If your wife brushes off the advice here (if she's really that strong-headed) and decides to still leave without the AP in her hands, then she'll have to face the consequences when attempting to re-enter the States.  Key word there is ATTEMPTING...because she'll be properly denied.

 

Her "vacation" in Russia will turn into a "year-long living situation" if she remains hard-headed about this.

[ronniebreda 120]

@durden2128 You can only do as much as you can do. 

Reading your other post - 

Not to be the negative-Nancy, but if she is set on returning to Russia even though you have told her she can't return, then maybe it is time to put her and her daughter on a plane.

[geowrian 22,339]

They need to either wait for AP or leave and abandon AOS and need a CR-1/IR-1 visa to return (ETA: ~12-16 months). Let them pick their poison.

 

I-131 instructions (https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf, page 6):

"If you depart from the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned."

 

USCIS Adjudicator Field Manual (AFM), 54.3(d)(e)  https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20442/0-0-0-20515.html:

"(5) Abandonment of Application .

The application is considered abandoned if either:

·     The alien applied for admission at a port of entry prior to the decision on a Form I-131 filed on behalf of an alien who was outside the U.S. at time of filing, or

·     The alien departed from the U.S. prior to the decision on the Form I-131 in a case where the alien applied for advance parole in order to depart from and return to the U.S.

Note:

If the alien is an applicant for adjustment of status, departure prior to the approval of the Form I-131 also results in the adjustment application being deemed abandoned.

"

Edited June 30, 2018 by geowrian

[Meri Thomas 2]

Hello durden2128,

 

The process of waiting for the AP/Employment Authorization made me feel like in a prison. It is hard but who said that it was supposed to be easy? And it is about a period of time, not forever.

 

So, I think that you already knew and understood that they will abandon the process if they leave.

 

If they are that desperate to go, it is because they are not connected enough to US.

 

If you are still patient to not send them to Russia and live your life without such a terrible pressure (because even love has a limit), you should tell them to try to find out more connections to stay. 

 

What they can do when they are waiting:

- Improve their English or learn a new language

- Calculate how much is the lifestyle that the whole family want 

- Look for jobs and their requirements that can support the family lifestyle

- See courses/ trainings and workshops that each one can attend to improve their resume and their salaries in the future, as soon as the Employment Authorization arrive.

 

I hope you feel better soon.

[Neonred 3,915]

8 hours ago, Jojo92122 said:

You'll enjoy this.  You can tell your wife that she's wrong.  This will be fun with Russian women.  

 

 

LOL  So very true. I am living this almost every day!

[bakphx1 791]

Seeing your previous thread, it sounds like there’s no consideration for your happiness.  I’d just get her to sign divorce papers and let her be on her way.

[mushroomspore 3,046]

11 hours ago, durden2128 said:

My  unreasonable wife and stepdaughter seem to believe that they can leave the US without their Advance Parole  I-I31 document approved while their AOS/Green card is pending and return to US. Is that still possible  ? I'm reading that its no longer possible. My wife seems to think she can leave to go visit her mother in Russia and I can send her the Advance Parole document via mail and that she would be able to return to the U.S with no issues. Any opinions or knowledge of this ? And also we've been waiting 9 weeks now after their biometrics exam with no word from USCIS and I honestly have no idea how to actually get anyone on the phone at USCIS with the literally endless option choices that never connect you to an actual person.

No this literally happened in another thread and it is not possible. Even if you mailed her the card, CBP will see she left before the card issue date and will probably grill her and be extremely harsh during their questioning. If she won't listen to the fact that this is the LAW, she can suffer the consequences of her wilfully ignorant actions. 

[Etamkoos 100]

I also remember your previous thread.  I hope that things are calmer now and you are happier.  As previously mentioned, your wife and stepdaughter cannot leave the country, in the hope of returning to complete AOS, without AP.  It is currently taking around 5 - 6 months for AP to be processed.  It is possible to speak to someone from USCIS but they won't be able to tell you more than you have already learned in this thread.

[Sunnyland 639]

Let her go to Russia without the AP (since she is so sure about it) but first warn her that when they don't let her board the plane back to the US... SHE is gonna be the one to pay, from her pocket, the fees for the spouse visa. Plus her living expenses in Russia. Since she can not wait a little longer for her AP  and does not mind to put your relationship in jeopardy.  Sorry you have to go thru this.

One thing, whats the rush to go back to Russia? Is she trying to make it for the Soccer World Cup finals?

[JSWH 262]

11 hours ago, durden2128 said:

My  unreasonable wife and stepdaughter...

1

Dear VJ members, I would kindly ask you not to jump to conclusions when you see posts like this and definitely refrain from labeling entire groups of people of certain ethnicity, Russian women in this case, based on some random unproven statements on the Internet. There are always, always two sides to every story. It does not help anyone to give your attitude and to be demeaning to the others without full knowledge of what's going on.

 

IMHO: OP's story is proof that USCIS' requirements for I-129 petitioners are not strict enough.

Unfortunately, many USC petitioners do not fully understand the responsibility that comes with bringing in a foreigner who does not speak the language and is not able to work for months after arrival. Just as many foreign fiancees do not fully understand the challenges of trying to adjust to a new country.