I-485 + I-131 pending, can I leave the US after Bio app?

[kirily 0]

Hello, I have sent my I-485,I-130,I-131 package about a week ago, I got the text and email today.

It was transfered to NBC.

I am now waiting for the Bio app letter, I am planning on leaving the US for a month or two

here is my question:

I want to leave after the bio appointment but before the AP approval,

so that my wife can send it to me once she gets it and then I can come back,

before the interview of course.

What do you think guys? will it work? any risk?

I don't see a reason why they would not approve my AP.

[Ronnie&Hang 12]

I would wait for the approved AP before leaving the country.

[VanessaTony 3,567]

Hello, I have sent my I-485,I-130,I-131 package about a week ago, I got the text and email today.

It was transfered to NBC.

I am now waiting for the Bio app letter, I am planning on leaving the US for a month or two

here is my question:

I want to leave after the bio appointment but before the AP approval,

so that my wife can send it to me once she gets it and then I can come back,

before the interview of course.

What do you think guys? will it work? any risk?

I don't see a reason why they would not approve my AP.

What visa are you AOSing from? This matters. If you leave before AP is approved (without a visa that allows multiple entries like a K3) your AOS is considered abandoned.

[kirily 0]

Right now I am here on a tourist visa which allows multiple entry,

The thing is I am now in "over-stay"

Before my first 6 month were over I have filed I-539 to extend my visa status

It was rejected on Jan 06, I was married a month late and filed I-485 a month after that.

so technically I was in unlawful stay for about 2 month.

But they might not let me in again without the AP, what do you guys think? or what do your

knowledge and experience tells?

[Harpa Timsah 13,258]

DO NOT leave the US until you have AP in hand. If you do, you will automatically abandon your AOS application by exiting the country, and you will not be allowed back in on a tourist because you have clear immigrant intent (you filed for a GC).

[kirily 0]

DO NOT leave the US until you have AP in hand. If you do, you will automatically abandon your AOS application by exiting the country, and you will not be allowed back in on a tourist because you have clear immigrant intent (you filed for a GC).

Funny, I am also from Israel.

How can they know that I left before I got the AP in hand?

If I can present it when I am coming back that should be good enough, no?

[HappyRs 8]

Funny, I am also from Israel.

How can they know that I left before I got the AP in hand?

If I can present it when I am coming back that should be good enough, no?

No, no! Please follow the advice given here by fellow VJers. Do not leave without an approved AP.

[Harpa Timsah 13,258]

Funny, I am also from Israel.

How can they know that I left before I got the AP in hand?

If I can present it when I am coming back that should be good enough, no?

During this process, they will find everything out about you. There is no way to hide anything, and if you try to hide something, you can be given a permanent ban from the US for lying. They will look up your passport number in their databases, and KNOW when you left. It is the LAW that if you leave the country before you have an approved AP in hand, you will abandon your AOS application. It's not about them finding out - they will find out. If you were able to get back in, they would find you left and abandoned your application by the time of your interview and then you would be denied AOS and deported. Really.

[Penguin_ie 5,996]

If you are currently out of status (ie have overstayed your visa), then I wouldn't leave until greencard is in hand, not just AP. Even with approved AP, the CBP at immigration when you come back in could reject you.

[Krikit 1,165]

But they might not let me in again without the AP, what do you guys think? or what do your

knowledge and experience tells?

You are correct. They will not let you re-enter.

Funny, I am also from Israel.

How can they know that I left before I got the AP in hand?

Because the AP is dated and so is your itinerary.

Moving from AOS Process to the Travel section.

[Deputy Purple 1,294]

How much overstay do you have?

If it's more than 180 days then even AP won't allow you to re-enter the US, you need the Greencard to be issued before you leave so that the overstay doesn't bar your entry.

[kirily 0]

Ok guys thank you so much for the info, I guess I was about to make a big mistake.

But what if I do have the AP in hand? when the customs and border protection look at my case

how will they decide if I have overstayed for more than 180 days?

When my I-94 almost expired I filled an extension request which was denied after 4 months of process

then I stayed for 2 more month before I have filed AOS, so my cases were pending most of my unlawful stay time...

[Krikit 1,165]

CBP FAQ - Extension of Stay Denied

CBP FAQ - Denied Entry

CBP FAQ - Entry Into the US

[Krikit 1,165]

But what if I do have the AP in hand? when the customs and border protection look at my case

how will they decide if I have overstayed for more than 180 days?

When my I-94 almost expired I filled an extension request which was denied after 4 months of process

then I stayed for 2 more month before I have filed AOS, so my cases were pending most of my unlawful stay time...

The 180 days is for a bar of entry for a period of years. Your problem is that they won't even count the number of days. They know you're an overstay and they know you're an intending immigrant so they're not going to let you enter. They're going to have a field day with you.

[kirily 0]

Ok, what does that mean?

and if they are not going to let me in what is the AP good for?!