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Travel before receiving AP

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Filed: K-1 Visa Country: Ukraine
Timeline

I'm not sure how AP works. I'm assuming that it's basically for re-entry to the US. In theory then, if my wife were to return to her home country for a visit (she misses it a lot) while I wait for the AP, I could simply mail her the AP and she could present it at port of entry for return to the US. I don't know if this assumption is correct or not. Is the AP required for exit from the country if re-entry is planned?

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Filed: K-1 Visa Country: Canada
Timeline

You must have the AP documents in your hands before you leave the U.S. They aren't used when leaving the U.S., but the date of the AP must be before the date of leaving the U.S.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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NOT so raymaga and please refrain from posting inaccurate information. If you MUST answer, please at least take the time to look up the answer before posting rumor or wherever this information came from

The date of FILING AP must be before the date of leaving the US. You also must attend and complete biometrics before leaving the US.

You actually have the option of having your AP delivered to the consulate of your choice if you leave the US before the AP is approved. The answer to your question is yes, once biometrics are collected and your wife leaves the country you can send the approval notice to her after it arrives.

With that said, even though that is what the regulations say, I would NEVER recommend actually TRYING that without the actual approval notice in-hand. That's just me lol....

From the instructions:

You must be physically present in the United States when you file the Re-entry Permit application. However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.

Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.

You must have the AP documents in your hands before you leave the U.S. They aren't used when leaving the U.S., but the date of the AP must be before the date of leaving the U.S.

 

i don't get it.

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Filed: Other Country: United Kingdom
Timeline
NOT so raymaga and please refrain from posting inaccurate information. If you MUST answer, please at least take the time to look up the answer before posting rumor or wherever this information came from

The date of FILING AP must be before the date of leaving the US. You also must attend and complete biometrics before leaving the US.

You actually have the option of having your AP delivered to the consulate of your choice if you leave the US before the AP is approved. The answer to your question is yes, once biometrics are collected and your wife leaves the country you can send the approval notice to her after it arrives.

With that said, even though that is what the regulations say, I would NEVER recommend actually TRYING that without the actual approval notice in-hand. That's just me lol....

From the instructions:

You must be physically present in the United States when you file the Re-entry Permit application. However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.

Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.

You must have the AP documents in your hands before you leave the U.S. They aren't used when leaving the U.S., but the date of the AP must be before the date of leaving the U.S.

Instead of jumping on a expirenced member of VJ go back and read the instructions for the I-131. There are 3 uses for form I-131 1. Re-entry Permit 2. Refugee Travel Document 3. Advanced Parole. the text you quoted is the instructions for a Re-Entry Permit. If you had read the full instructions you would have found this.

An Advance Parole document may not be issued to you if:

A. You held J-1 nonimmigrant status and are subject to the two-year foreign residence requirement as a result of that status; or

B. You are in exclusion, deportation, removal, or rescission proceedings.

If you travel before the advance parole document is issued, your application will be deemed abandoned if:

A. You depart from the United States; or

B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

So please make sure YOU are Correct before you jump on others

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Filed: K-1 Visa Country: Canada
Timeline

Thank you for clarifying that, TayRivers.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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