Travelling with/without AP

[onesassygirl 0]

Has anyone dared to travel without the AP? If so, what were your experiences?

I have read that even with the AP you are not guaranteed entry back into the US. Has anyone ever been denied entry?

[zyggy 9]

If you leave the US without AP before you get your GC (only exception is K3), you won't get back into the US... period... and you'll have to start from scratch with an I-130.

Friends don't let friends leave the US without AP...

As to your second comment, what that means that the AP is not a guarantee of admission if one is inadmissible to the US for whatever reason. Committing a crime of moral turpitude or having a ban on reentry for overstay are two things that immediately come to mind.

Edited September 19, 2006 by zyggy

[Saddle Bronc 124]

If you leave the US without AP before you get your GC (only exception is K3), you won't get back into the US... period... and you'll have to start from scratch with an I-130.

Friends don't let friends leave the US without AP...

One correction needed.

If the non-USC spouse is a H1-B holder, then it is OK to leave US without AP (so long as employed with same company).

(admittedly, the original visa/status is not marriage-related in that case)

[zyggy 9]

If you leave the US without AP before you get your GC (only exception is K3), you won't get back into the US... period... and you'll have to start from scratch with an I-130.

Friends don't let friends leave the US without AP...

One correction needed.

If the non-USC spouse is a H1-B holder, then it is OK to leave US without AP (so long as employed with same company).

(admittedly, the original visa/status is not marriage-related in that case)

Agreed Sriniv... but I don't think that's what she was getting at...

heh.. good to see you around again my friend.. hope things are going well

[onesassygirl 0]

As to your second comment, what that means that the AP is not a guarantee of admission if one is inadmissible to the US for whatever reason. Committing a crime of moral turpitude or having a ban on reentry for overstay are two things that immediately come to mind.

Okay. Phew. I thought that even if I had the AP, and especially if I got a border officer who was in a bad mood, that they'd still question me on why I wanted to get back in, and have them possibly refuse my entry!

Like those poor people who get denied entry trying to visit their fiance(e) while the visa is still being processed, even with enough evidence of ties to Canada...

That would just be terrible.

[Saddle Bronc 124]

Actually, with the speed of AOS processing after K-1 marriage (including RFE, ours will have taken 5 months and 12 days from initial AOS filing to conditional-GC interview), it may be well worth simply waiting-it-out till GC interview.

[David and Karen 0]

Interesting that I came across this thread.

Here is my newest concern. Ideally we will be in the USA early in the New Year. My question pertains to having the travel document necessary for the children to return to Canada to visit their father and then of course cross back to the USA to return home to me there. We don't expect they will travel back to Canada until about June or July 2007.

I know noone can give me a firm answer. But for those of you who have been through the process would it be fair to say that they would be able to travel if we file for everything in say January? I mean I am a little confused about the timelines and how long it takes.

I thought I remembered reading somewhere that the travel document can be applied for rather quickly. And then be processed in about three months. Did I dream that?

I think I have it right that after we marry (which will be as soon after I arrive as possible) we file for the AOS and Advance Parole(which is the travel document) all sent to Chicago and then forwarded to the District office in our case being Missouri?

Am I close? What sorta time frame until the children could travel back? I could find myself in a mess for summer visitation I think.

[Leafgal 3]

Karen I know what you mean as I am afraid I won't get there and married until January and I need to be able to travel back to Canada for my sons wedding in August 2007, so I hope you get some good replies here. Best of luck with it.

[Kathryn41 3,205]

If your time line of arriving in the US early 2007 holds, and you marry shortly after your entry and file for AOS in January/February your proposed June or July return to Canada for visits should be fine. AP applications are filed with the AOS, and assuming the AOS is complete and has no RFEs (Requests for Evidence), then the AP and the EADs should be processed within 3 months - well before your expected June/July dates. You didn't imagine that:-). The way things are going these days, you may even have your green cards by the time the children's visitations to Canada arrive. Good luck and I hope your visajourney goes smoothly.

[David and Karen 0]

Karen I know what you mean as I am afraid I won't get there and married until January and I need to be able to travel back to Canada for my sons wedding in August 2007, so I hope you get some good replies here. Best of luck with it.

Eeek I will keep my fingers crossed for both of us!

If your time line of arriving in the US early 2007 holds, and you marry shortly after your entry and file for AOS in January/February your proposed June or July return to Canada for visits should be fine. AP applications are filed with the AOS, and assuming the AOS is complete and has no RFEs (Requests for Evidence), then the AP and the EADs should be processed within 3 months - well before your expected June/July dates. You didn't imagine that:-). The way things are going these days, you may even have your green cards by the time the children's visitations to Canada arrive. Good luck and I hope your visajourney goes smoothly.

Phew!! I tell ya...you VJ'ers have a way of bringing me back down to earth. I know nothing is carved in stone but at least some reassurance helps!

As always, thank you.

Karen