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

[Krikit 1,165]

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

It's good for people who haven't had any issues. Eg, a K-1 visa beneficiary who has complied with the terms of their visa. The thing to keep in mind is that the CBP has ultimate authority over anything the Consulates or USCIS say.

[Zen Den 18]

Ok, what does that mean?

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

the AP is good for letting people leave the US in lieau of a pending AOS application. it's not a GC substitute or as good as an approved GC. that's why it is not given but applied for because although it is preferred that you stay in the US until your AOS process is finished, there are instances when an applicant has to be allowed to leave the country for such justifiable reasons as family emergency. seeing that you've had quiet a relationship with the USCIS as it is, you will be safer to stay and wait until you get you get your GC

[kirily 0]

If I have the AP in hand, and choose to leave,

I when I come back to the US together with my wife, will that make the difference?

What if I don't want to wait 4 months to introduce her to my family? isn't that reasonable?

[Krikit 1,165]

If I have the AP in hand, and choose to leave,

I when I come back to the US together with my wife, will that make the difference?

Only one way to find out.

[Penguin_ie 5,996]

It will not make a difference whether you arrive at the border alone or together. If you leave, you will not be let back in.

4 months is not a long time. You have the rest of your life together.

[missaero 7]

AP is considered a perk for folks to make necessary trips during the AOS process. AOS used to take much longer than it does currently so you can see why such a thing exists. However, if you have already broken the law (say by overstaying) such a "perk" no longer applies to you.

I agree with Penguin_ie: If you already have that overstay I would NOT leave the country. The risk of you being turned away at the POE is extremely high and having your wife with you won't help. Don't take a chance with USCIS or CBP.

[Harpa Timsah 13,258]

I want to add that I agree. In your first post, you said 2 months of overstay. Now you admit that you have probably 6 months of overstay. From what I can understand, you applied for a B2 extension and waited it out for 4 months. When it was denied, you did not leave immediately, as you were supposed to. If you leave right away, they sometimes will give you a grace period, but they can also determine that you started overstaying the moment your first 6 months was up, because they denied your request. So I count 4 months (because you didn't follow instructions when denied extension) and then you stayed 2 more months. 180 days (6 months roughly) of overstay results in an automatic 3-year ban. I think chances are high you would trigger that statutory ban, and AP does not overcome that ban (a GC does). Even if you didn't trigger a ban, you are probably so close the CBP may use their discretion to deny you.

[Brother Hesekiel 2,236]

If I have the AP in hand, and choose to leave,

I when I come back to the US together with my wife, will that make the difference?

What if I don't want to wait 4 months to introduce her to my family? isn't that reasonable?

Luckily for you and all of us, the US is not a prison, so if you want to introduce your wife to your family, you have a right to do that. I don't know if that's reasonable, but I know that it is legal. Life is all about choices and that's part of what makes life so interesting.

[VanessaTony 3,567]

If I have the AP in hand, and choose to leave,

If when I come back to the US together with my wife, will that make the difference?

What if I don't want to wait 4 months to introduce her to my family? isn't that reasonable?

No your wife being with you makes no difference.. outside of you possibly being able to hug her before you get sent back to your home country due to being unable to enter the US because of your overstay.

It's simply not worth the risk. Four months isn't the end of the world. It's preferable sure, but would you prefer to give leaving a go and spend the next year or so apart while you file a Cr-1 petition and file the waiver for the ban.. or possibly having the ban waiver rejected and then waiting out the 3 year ban?

My parents still haven't met Tony in person. He's been working to support our little family and hasn't been able to get enough time off to make it worthwhile. We've been married over a year and he still hasn't met my parents in person. I'm sure your parents, like mine, would totally understand.

[kirily 0]

thank you all for your help, I guess I am staying