Leaving US before AP arrives: USCIS said it was possible!

[greedy 0]

Here is my story:

We organized the religious wedding in Europe (date, catering, house rental, honeymoon,...) before we got our K1 visa approved!!!!!

We even had already bought our airplane tickets and Friends & family who live all arround the world did it too!

We did that based on statistics!!! we were so confident!

You can imagine the stress it has been during the whole process...

First I was stressed about K1 visa that "had" to be approved in time so I could immediately go to the US and marry ASAP to start the AOS. Then I was waiting for the AP (the only form I coudn't track on the Immigration website, ironic isn't?)...

If you look at my timeline, you'll see that at the end, everything worked well and I even got the green card prior traveling but I slept very badly for months and had health problems due to the stress...

My suggestion is to wait until you have the AP in hand to organize your wedding... especially if you haven't book anything yet! How are you gonna enjoy your special day if you don't know how it will happen at the POE?

Keep in mind that you will have to start a new procedure to re enter in the US if you are denied and according to statistics, it takes 6 months!!! and you will not be able to visit your husband during that time...

Just my opinion...

[Barbarella UK 0]

I just read where someone did this in a post today. Can't remember where it was now.

It took them 3 months to get that document after they went back.

Be very careful with this.

My suggestion is to never plan anything until you have the documents IN HAND.

Hello!

What do you mean you read a post of people who did the same? Do you mean leaving the US without the AP in hand or that they planned a wedding abroad exactly 3 months after application??

I know it isn't wise, but when I look at the timelines, it usually takes less than 3 months from application and approval. Of course, it is risky and that is what worried me right now. But all my family and friends cannot afford to travel to Alaska for a ceremony. In addition to that, my grandmother that I love very much is very old and sick, she cannot travel and I am afraid that if we postpone the ceremony, she won't be part of us anymore...

Yes, left without AP in hand. They waited 3 months in that other country for her to receive AP and be able to come back. He had to return without her cause he had a job to get back to.

All are very good reasons to do what you are suggesting and I could see wanting to do it. But, I'm going to tell you, I have been on this site for over 2 years and I have seen all kinds of people deeply disappointed when things did not go the way they planned. Those timelines are just guides and are in no way, shape, or form a guarentee of what will happen in any given case. I would never advise anyone to plan around one.

As long as you know the possiblities are there that may force you to stay behind for a prolonged period of time, then carry on as you obviously have your mind set on. I wish you well with it.

Thank you... I will think about it again... I know there are risks. It isn't an easy situation.

But, it IS possible to leave the US without AP while the case is pending and have it sent to the country where we are going to be, right?? No doubt abou that?? I wonder why people always say that if you do leave without AP in hand, then USCIS consider that you dropped your case immediately. How does it work exactly? I mean, when do they consider that you dropped your application for GC? Any idea maybe? I just try to figure out how it works exactly. Hearing different points of view can be really useful...

Thanks again

Faustine

It's about wording...

Can you leave the USA without AP? Yes...

Can you have someone send your AP documents to you in another country? Yes...

Can you get back into the USA with those documents? Hmmm, maybe NOT!!

Your AP documents are going to be dated AFTER you left the country. So, you're not going to get in.

By all means have your religious ceremony after you get your AP. The three month timeline is what WE HERE SAY to people who are asking. That's about "average". USCIS doesn't say this at all. So expecting it to come within 3 months is not a given at all.

As a previous poster said, what if you get an RFE while you're out of the country as well?

Some risks are just not worth taking.

One last comment - the 1-800 line isn't known as the "Mis-information Line' for nothing. Don't believe anything you hear on the telephone from the immigration answering service if it goes contrary to what is written down on immigration forms or in legislation. The people answering the phones are not Immigration personnel - they are merely workers at a call center reading prepared scripts and have minimal familiarization with immigration procedures or legislation. That is one of the major ongoing complaints many of us have with Immigration - that the Information Line is inaccurate, inconsistent, un-helpful and sometimes dangerously wrong. When you call them you are not speaking to USCIS unless they escalate the call to an Immigration Officer.

There is NO WAY that I would even consider leaving without Advance Parole papers in my hand.

I am in total agreement with Kathryn41 and CarlaWarla.

Don't risk it - you could land yourself in a total immigration nightmare.

[samantha_lou 0]

I completely agree with everyone above, please don't try leaving the country without your AP. I actually filed AOS way back in 2005, when you could walk the paperwork into a local office and speak with an immigration officer to hand it over and get a receipt for it. I remember that officer very clearly warning me AGAINST even filing for AP unless its for a real emergency, he said he'd heard too many horror stories

Good luck with whatever you decide though, I know getting back to see family and friends is a huge thing.

Edited July 28, 2008 by samantha_lou

[shawna7 4]

IN May I needed an emergency AP(and was approved..) but my daughters was lost in the mail..so we made an info-pass..keep in mind her AP was approved..I just didn't have it in hand..the immigration officer at the info-pass said..and I quote **you can go ahead and take your daughter out of the country..and have the AP mailed..because she was already approved..it MIGHT work..he said we must keep in mind that it is ALL up to the border patrol..USCIS can say whatever they want..it doesn't make it so... it all hinges on the border agent you encounter..in our case..her AP arrived the morning we were scheduled to leave...otherwise we were not risking it..Please keep everything in mind that people have said..you're taking a HUGE risk..in the long run..it won't be worth it..I know right now it seems dire..but if you get stuck in France..or even worse ..they consider your application abandoned.. You will be devastated...

good luck in your journey

S

[Carlawarla 1]

IN May I needed an emergency AP(and was approved..) but my daughters was lost in the mail..so we made an info-pass..keep in mind her AP was approved..I just didn't have it in hand..the immigration officer at the info-pass said..and I quote **you can go ahead and take your daughter out of the country..and have the AP mailed..because she was already approved..it MIGHT work..he said we must keep in mind that it is ALL up to the border patrol..USCIS can say whatever they want..it doesn't make it so... it all hinges on the border agent you encounter..in our case..her AP arrived the morning we were scheduled to leave...otherwise we were not risking it..Please keep everything in mind that people have said..you're taking a HUGE risk..in the long run..it won't be worth it..I know right now it seems dire..but if you get stuck in France..or even worse ..they consider your application abandoned.. You will be devastated...

good luck in your journey

S

Your AP was dated I bet when it was approved, which is why if you left the country and had it mailed to you, this might have made a difference. The OP is awaiting approval still. Glad you had everything together before you left shawna! It's true as well that it's all up to the BO!

[shawna7 4]

IN May I needed an emergency AP(and was approved..) but my daughters was lost in the mail..so we made an info-pass..keep in mind her AP was approved..I just didn't have it in hand..the immigration officer at the info-pass said..and I quote **you can go ahead and take your daughter out of the country..and have the AP mailed..because she was already approved..it MIGHT work..he said we must keep in mind that it is ALL up to the border patrol..USCIS can say whatever they want..it doesn't make it so... it all hinges on the border agent you encounter..in our case..her AP arrived the morning we were scheduled to leave...otherwise we were not risking it..Please keep everything in mind that people have said..you're taking a HUGE risk..in the long run..it won't be worth it..I know right now it seems dire..but if you get stuck in France..or even worse ..they consider your application abandoned.. You will be devastated...

good luck in your journey

S

Your AP was dated I bet when it was approved, which is why if you left the country and had it mailed to you, this might have made a difference. The OP is awaiting approval still. Glad you had everything together before you left shawna! It's true as well that it's all up to the BO!

I was very lucky..but I was really pointing out that even though we were approved..the immigration officer said it still could be a huge problem..I am totally in agreement with you and K41!

(I started babbling and my point was lost! )