AP to leave US for vacation to CA

[PhilM 1]

The Visa Journey K1 Fiance Visa Flowchart and Timeline states that AP allows you to leave the country on a vacation/trip while your AOS application is being processed.  Yet according to the USCIS form I-131 instructions, you can only leave/return to the US under AP for serious "humanitarian" such as medical treatment,  family illness, death etc. while your AOS I-485 application is being processed.  I assume the latter is the case, but can someone please confirm which is correct.  Thank you for your help. 

[Lil bear 3,831]

1 minute ago, PhilM said:

The Visa Journey K1 Fiance Visa Flowchart and Timeline states that AP allows you to leave the country on a vacation/trip while your AOS application is being processed.  Yet according to the USCIS form I-131 instructions, you can only leave/return to the US under AP for serious "humanitarian" such as medical treatment,  family illness, death etc. while your AOS I-485 application is being processed.  I assume the latter is the case, but can someone please confirm which is correct.  Thank you for your help. 

AP granted for K1 AOS. doesn’t limit travel to humanitarian reasons. 

You’re good to go .. and return !! 

[aaron2020 11,651]

You can use AP for a vacation.  

 

It's recommended to be used for short trips because it's always better to prosecute a case from inside the US than when the beneficiary is outside the US.  

[treppenwitz 78]

13 minutes ago, Lil bear said:

AP granted for K1 AOS. doesn’t limit travel to humanitarian reasons. 

You’re good to go .. and return !! 

AP granted for any type of AOS can be used for vacation, etc., not only K-1 AOS. AP granted for TPS, etc. limits travel to humanitarian reasons.

[Lil bear 3,831]

Just now, treppenwitz said:

AP granted for any type of AOS can be used for vacation, etc., not only K-1 AOS. AP granted for TPS, etc. limits travel to humanitarian reasons.

Both of us are correct. 

[Blondie0216 92]

On 4/4/2019 at 6:10 PM, Lil bear said:

AP granted for K1 AOS. doesn’t limit travel to humanitarian reasons. 

You’re good to go .. and return !! 

I was told that once I enter the USA on a k1 i cannot leave the country until AOS is approved which could take 6 months or so? 

[geowrian 22,335]

2 minutes ago, Blondie0216 said:

I was told that once I enter the USA on a k1 i cannot leave the country until AOS is approved which could take 6 months or so? 

Who told you that?

 

1) You can leave anytime...getting back in is the issue.

2) Leaving the US without AP abandons a pending AOS application. AP is taking ~4-7 months right now.

3) Timelines for AOS vary heavily by local field office. A handful take only a few months, but most are around a year or so. Some are taking 18-24 months on average.

[Lil bear 3,831]

1 minute ago, Blondie0216 said:

I was told that once I enter the USA on a k1 i cannot leave the country until AOS is approved which could take 6 months or so? 

AOS will take 15 plus months. AP and EAD should be filed at the same time as the AOS paperwork and take 5 to 6 months. Once you have AP and EAD you can travel overseas and return to the US, and you can start work WHILE the AOS is being processed. If you don’t get AP then the information you have been given is partly correct .. if you leave the US before the AOS is approved and you have your physical GC, then you will be deemed as having abandoned the process and you will have to start again .. this time with a CR 1 application from outside the US. As stated , AOS takes much longer than 6 months 

[arken 4,197]

Corrected it for you, they probably meant AP. 

34 minutes ago, Blondie0216 said:

I was told that once I enter the USA on a k1 i cannot leave the country until AP is approved which could take 6 months or so? 

 

 

27 minutes ago, Lil bear said:

 .. if you leave the US before the AOS is approved and you have your physical GC,

Did you also mean if no AP and not the GC? OP cannot have a GC before AOS is approved.

Edited April 22, 2019 by arken

[Lil bear 3,831]

13 minutes ago, arken said:

Corrected it for you, they probably meant AP. 

 

 

Did you also mean if no AP and not the GC? OP cannot have a GC before AOS is approved.

Yes.  If no AP and AOS not yet approved .. or AOS approved but GC not yet in hand .. but of course it gets complex because if AOS is approved but the GC hasn’t yet arrived, technically they could get an I551 stamp 

[purem4g1c 113]

Green card takes 15 months to get on a K1 visa? After checking many time lines it looked more like 6 months? 😮

[geowrian 22,335]

1 hour ago, purem4g1c said:

Green card takes 15 months to get on a K1 visa? After checking many time lines it looked more like 6 months? 😮

Depends on your local USCIS field office. Some are fast.

The (family-based) status you AOS from has little impact nowadays. AOS from K-1 used to be eligible for an interview waiver, but that was eliminated. The backlogs grew considerably.

Edited April 22, 2019 by geowrian