Traveling outside the US without an advance parole

[Boiler 43,363]

3 minutes ago, Paul & Mallory said:

The existing case will still show pending until anything new is submitted, because USCIS does not yet know (unless/until you notify them) that the applicant has left the country and abandoned their application. The problem will arise whenever the applicant tries reentering the country under such status.

 

As others have already stated, you will need to re-file, and I suggest doing so immediately. Unless there are other dire circumstances not shared (which is none of our business, if so), you will not be able to expedite or transfer anything simply because the applicant failed to follow instructions (not leave the country without granted AP while pending AOS).

Huh?

[Paul & Mallory 1,398]

Just now, Boiler said:

Huh?

The OP said in previous posts that the original case still showed pending. I would imagine that's because leaving without AP doesn't really come up until the applicant tries to reenter the country, not necessarily when/because they left the country.

[geowrian 22,335]

8 minutes ago, Paul & Mallory said:

The OP said in previous posts that the original case still showed pending. I would imagine that's because leaving without AP doesn't really come up until the applicant tries to reenter the country, not necessarily when/because they left the country.

USCIS will eventually see that the applicant left the country and deny the I-485. It takes time to get to USCIS, but does happen.

The existing I-130 will remain valid...no need to refile anything.

[Boiler 43,363]

9 minutes ago, Paul & Mallory said:

The OP said in previous posts that the original case still showed pending. I would imagine that's because leaving without AP doesn't really come up until the applicant tries to reenter the country, not necessarily when/because they left the country.

The second paragraph

[Paul & Mallory 1,398]

Just now, geowrian said:

USCIS will eventually see that the applicant left the country and deny the I-485. It takes time to get to USCIS, but does happen.

The existing I-130 will remain valid...no need to refile anything.

The 485 would become invalid, no? Would they not have to refile that either?

Just now, Boiler said:

The second paragraph

They would not have to refile the 485?

[geowrian 22,335]

Just now, Paul & Mallory said:

The 485 would become invalid, no? Would they not have to refile that either?

They would not have to refile the 485?

They are outside the US with no legal option to return with intent to stay. AOS is dead....they need to go through consular processing abroad for the visa. No I-485 applies for that.

[Boiler 43,363]

I 485 is for adjusting status not consular processing.

[Speedysam 2]

So, we all agree her i485 is useless and abondonent. Can she re Enter the US when an AP is approved and mailed to her then reapply for another i485. 

[Boiler 43,363]

1 minute ago, Speedysam said:

So, we all agree her i485 is useless and abondonent. Can she re Enter the US when an AP is approved and mailed to her then reapply for another i485. 

No

[Speedysam 2]

So nothing else to do at this point except file i824 and painfully wait 14 months 😭😭😭

[Boiler 43,363]

4 minutes ago, Speedysam said:

So nothing else to do at this point except file i824 and painfully wait 14 months 😭😭😭

Correct

[geowrian 22,335]

30 minutes ago, Speedysam said:

So, we all agree her i485 is useless and abondonent. Can she re Enter the US when an AP is approved and mailed to her then reapply for another i485. 

Denied I-485 = denied I-131. The I-131 is a dependent application of the I-485 in this case.

[Just Paul 4,591]

35 minutes ago, Speedysam said:

So nothing else to do at this point except file i824 and painfully wait 14 months 😭😭😭

But you can go visit her.

[Speedysam 2]

Sure I can

thx

[Unidentified 2,930]

7 hours ago, chi6488 said:

I cannot understand why this question is even asked..   

 

It is perfectly ok to travel without AP.  You can travel out of the US to go anywhere and stay as long at you want.

 

 Good luck travelling back into the US.

I don't think you even read the previous 2 pages before posting that.