Leaving USA without AP

[omar 0]

it's been a year since i had my "interview" for my GC based on marriage, and still no GC. My EAD expires real soon, and my father is sick back in pakistan. What happens if i leave the country without getting AP? can i just wait in pakistan while my GC paperwork is being processed? is AP only if you want to comeback while your paperwork is being processed, because if so, i'm okay with just waiting out the rest of the period in pakistan and coming back once my wife gets the GC here.

thanks

[YuAndDan 153]

USCIS deems the AOS to be abandoned, and you will start all over this time filing I-130 to get an immigrant CR-1 visa or K-3 visa.

How about filing for emergency AP, schedule an info pass appointment to local field office and get the AP document.

http://www.visajourney.com/forums/index.ph...=105425&hl=

What visa did you enter the USA on? If K-3, and the K-3 has not expired then use the K-3 to re-enter the USA, if K-1 AP is required.

http://www.visajourney.com/timeline/profile.php?id=27075

[luv2teach77 41]

Firstly I'm sorry to hear about your father. If you leave the US without a valid AP document then the USCIS will consider that your AOS application has been abandoned. You cannot wait out of the country until your AOS application has been approved. I would suggest making an infopass appointment at your local USCUS office. If you can have documentation such as a note from your fathers doctor, then I believe that they can issue an emergency AP document under certain circumstances.

Best of luck.

Mark

[Converse34 1]

yes, apply for an info pass appointment and get emergency AP. Several people have been successful in receiving it. DO NOT LEAVE WITHOUT IT!

[omar 0]

how would they know i left the country and by leaving giving my aos right, i mean i don't plan on coming back till i get the GC

[Donna A 4]

i think they know when u leave because they take ur i-94.

[luv2teach77 41]

I'm not 100% how they would know but I'd imagine that a combination of USCIS, Homeland Security and CBP databases will be able to see that you left the US before your AOS was approved and your GC was mailed. If you intend to return to the US I wouldn't want to risk having to start from scratch with a new visa application if you are a prime candidate for emergency AP. From what I know of emergency AP, it's often issued the same day providing you have documentation confirming your need for it.

Mark