Can I have my AP sent abroad?

[nadiachr13 0]

Hi everyone,

 

I am in the US on a K1 visa and I applied for AOS (EAD + AP) in late December 2018. I have to travel to my home country in mid-June 2019 for a mandatory, oral group exam in order for me to graduate university. 

 

However, it's cutting it reallyyyy close to my AP approval. I should probably receive it late-May or early-June, but who knows! And then they have to mail it as well which takes about another week from what I understand. Hopefully I am lucky and I can get it just 4 months in (which would be late-April) but it could also be much later... 6-7 months... 

 

My question now is: Can I travel to my home country and then have my husband (who will stay in the US) mail the AP / combo card to me in my home country? I plan to stay about 3-4 weeks, so I'd be back in the US 1-2 weeks into July 2019. 

 

From my understanding, I only need the AP / combo card to re-enter the US, which means it should be ok in theory, although not ideal at all obviously! Right?

 

Thank you in advance. 

 

Sincerely,

Nadia

[Ontarkie 13,915]

~~Moved to Working and Traveling, from AOS Family - The OP is asking about leaving the US before AP in hand.~~

[Ontarkie 13,915]

Do not leave before you get AP in hand. They will see your departure date and see the printed and mailed out date on AP they will see you left before and there by abandoned your AOS.

[C90 376]

13 minutes ago, nadiachr13 said:

Hi everyone,

 

I am in the US on a K1 visa and I applied for AOS (EAD + AP) in late December 2018. I have to travel to my home country in mid-June 2019 for a mandatory, oral group exam in order for me to graduate university. 

 

However, it's cutting it reallyyyy close to my AP approval. I should probably receive it late-May or early-June, but who knows! And then they have to mail it as well which takes about another week from what I understand. Hopefully I am lucky and I can get it just 4 months in (which would be late-April) but it could also be much later... 6-7 months... 

 

My question now is: Can I travel to my home country and then have my husband (who will stay in the US) mail the AP / combo card to me in my home country? I plan to stay about 3-4 weeks, so I'd be back in the US 1-2 weeks into July 2019. 

 

From my understanding, I only need the AP / combo card to re-enter the US, which means it should be ok in theory, although not ideal at all obviously! Right?

 

Thank you in advance. 

 

Sincerely,

Nadia

What @Ontarkie said. Your departure date will be in the system, if you leave before you have AP in hand, you'll have to start a CR-1 procedure from your home country.

Edited February 13, 2019 by C90

[K1visaHopeful 2,661]

6 minutes ago, nadiachr13 said:

Hi everyone,

 

I am in the US on a K1 visa and I applied for AOS (EAD + AP) in late December 2018. I have to travel to my home country in mid-June 2019 for a mandatory, oral group exam in order for me to graduate university. 

 

However, it's cutting it reallyyyy close to my AP approval. I should probably receive it late-May or early-June, but who knows! And then they have to mail it as well which takes about another week from what I understand. Hopefully I am lucky and I can get it just 4 months in (which would be late-April) but it could also be much later... 6-7 months... 

 

My question now is: Can I travel to my home country and then have my husband (who will stay in the US) mail the AP / combo card to me in my home country? I plan to stay about 3-4 weeks, so I'd be back in the US 1-2 weeks into July 2019. 

 

From my understanding, I only need the AP / combo card to re-enter the US, which means it should be ok in theory, although not ideal at all obviously! Right?

 

Thank you in advance. 

 

Sincerely,

Nadia

I'm looking for this info now because I found it before but cannot find it now.

The just of it is this:

"Leaving the country can cause serious immigration problems if you choose to leave with a pending I-485 application. Why? Because as soon as you leave the country, USCIS will assume you have abandoned the green card application. They will deny the pending I-485 even if you have provided evidence of your eligibility."

 

Surely even if you had your AP card on hand at US re-entry, the CBP officer would see that you left the US before the AP card was issued. That alone would mean you abandoned your AOS petition and your AP card is only valid with a pending AOS application.

[arken 4,197]

 

You might wanna read i131 instructions again, espaecially Page 6 (d) ...

d. 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.

 

[nadiachr13 0]

Hmm ok, I'm confused now... and worried.

 

I read different information on this page - it's from 2014 though, but the answers are by immigration attorneys so wouldn't they know?: https://www.avvo.com/legal-answers/can-i-have-my-advance-parole-card-mailed-to-me-whi-1982447.html

 

 

New question: What if I leave the US after I've been approved (online) but haven't yet received it in the mail - would that be ok for my husband to mail the AP/combo card? Since I would be approved for traveling in the system. 

[Meisha&Jake 869]

Theres no guarantee you will get AP by June... the estimated dates on VJ timelines are by user information... everyone above has given you solid advice/information, your risking your whole process if you leave without it in hand.

[C90 376]

4 hours ago, nadiachr13 said:

Hmm ok, I'm confused now... and worried.

 

I read different information on this page - it's from 2014 though, but the answers are by immigration attorneys so wouldn't they know?: https://www.avvo.com/legal-answers/can-i-have-my-advance-parole-card-mailed-to-me-whi-1982447.html

 

 

New question: What if I leave the US after I've been approved (online) but haven't yet received it in the mail - would that be ok for my husband to mail the AP/combo card? Since I would be approved for traveling in the system. 

Don't do it unless you want to start the CR-1 procedure from your home country. Even with an approved AP you need the card first before you leave the States.

[Ate 180]

5 hours ago, nadiachr13 said:

I read different information on this page - it's from 2014 though, but the answers are by immigration attorneys so wouldn't they know?: https://www.avvo.com/legal-answers/can-i-have-my-advance-parole-card-mailed-to-me-whi-1982447.html

 

Lawyers regularly make money off of people who are in trouble.  Up to you to put your trust in what they say over what USCIS explicitly states, as already relayed to you by the posts above.

 

Thankfully, USCIS may have a solution for you.  You said you need to attend a mandatory exam in order to graduate.  If you are able to prove that you will experience SEVERE financial loss if you don't attend this exam, you may be able to apply for expedited processing for your advance parole.  Details here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

Another option may be an emergency advance parole.  But the page does say that planned events are usually not considered emergencies.  In any case, you can contact USCIS to ask.

 

[USS_Voyager 1,971]

Other option is to contact your University, explaining the situation that you are not allowed to leave the US without that document or would otherwise jeopardize your immigration status in the US, to see if they can make an exception on that the graduation requirement. 

[EM_Vandaveer 2,368]

On that link the question is once the AP is approved but not received, can the intending immigrant leave then and get it sent to them abroad to return on it. Yes, but only because it's already approved. If you leave before it's approved, it'll never get approved and you'll abandon your AOS application. Your spouse would then have to file for a spousal visa for you.

[Ash.1101 1,755]

I heavily recommend actually talking to someone over reading advice online or reading other peoples questions. Come here and ask anything, everyone here will help you!

As EM says, the question is asking if the AP has already been approved is it okay to leave.

In your case you're asking if the AP hasn't been approved can you leave.

These are two incredibly different questions with polar opposite answers and consequences.


Treat this much like a visa, do not make any plans to leave the country until you have AP in hand.

Edited February 14, 2019 by Ash.1101

[accumbyte 148]

16 hours ago, C90 said:

Even with an approved AP you need the card first before you leave the States.

Incorrect; see @EM_Vandaveer's post above. But it is unwise to leave the US without the card in hand and making a photocopy or scan for your records (i.e. what if the Postal Service loses the card?, etc.).

Edited February 14, 2019 by accumbyte

[Ash.1101 1,755]

44 minutes ago, accumbyte said:

Incorrect; see @EM_Vandaveer's post above. But it is unwise to leave the US without the card in hand and making a photocopy or scan for your records (i.e. what if the Postal Service loses the card?, etc.).

 

What you put at the end is why I would be careful. Just because the card is approved in the system doesn’t mean that it comes on time or something doesn’t happen to it. Ya you’ll be able to get back in the US eventually but why leave it up in the air like that.

 

better safe than sorry