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LenaT

Leaving the US before I get advanced parole

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Filed: K-1 Visa Country: Russia
Timeline

There is a possible urgency to go to my hometown within the next month or two to attend a funeral. We applied for a combo card two weeks ago and only received a I-797C for I-131 a couple of days ago. 

If I leave soon, will I have to wait for the paper before I decide to return? What should I do in this case?

If I leave before the finger prints appointment, will it be possible to postpone it? 

Thank you in advance.

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
1 minute ago, LenaT said:

There is a possible urgency to go to my hometown within the next month or two to attend a funeral. We applied for a combo card two weeks ago and only received a I-797C for I-131 a couple of days ago. 

If I leave soon, will I have to wait for the paper before I decide to return? What should I do in this case?

If I leave before the finger prints appointment, will it be possible to postpone it? 

Thank you in advance.

if you leave before you get your travel card you will abandon your status, from my understanding there will be no return for you and your spouse will have to file for a CR1 visa instead.

 

try and make an info pass appointment to see if you can get it faster.

 

my recommendations, not to leave the USA till you have a valid way back.

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Filed: AOS (apr) Country: Canada
Timeline

IF you leave without AP, you will not be allowed to re-enter the US.

 

You can try to have it expedited, but that happens pretty rarely, but it is worth a shot.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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17 minutes ago, LenaT said:

If I leave soon, will I have to wait for the paper before I decide to return? What should I do in this case?

If I leave before the finger prints appointment, will it be possible to postpone it? 

Thank you in advance.

If you leave you will have abandoned your adjustment of status and your advance parole applications. There would be no way to get back into the country, even if they did issue you the advance parole once they discover you left without advance parole granted your process will be stopped and any benefits granted (green card, citizenship) would be rescinded. This has happened before when advance parole has been accidentally granted after the applicant left the country, USCIS denied their adjustment of status once they realized the order of events.  

 

Whilst postponing the fingerprints is possible in general, to do so in order to leave the country without advance parole is pointless as the appointment would no longer be needed as you would no longer have a case.

Edited by Illiria
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K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Agreed - leaving without AP = AOS abandoned and waiting ~12-16 months for an immigrant visa to return.

 

You can make an appointment to request emergency AP. Funerals stand a good chance of approval IMO. Bring evidence t substantiate your need for it.

If no appointment is available in the needed timeframe, you can try a walk-in.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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