Leaving before you get your AP doc

[channie14 1]

Hi all,

I have a question regarding leaving the US prior to getting your AP document. I may need to return to Australia for around 6 months and I haven't received my AP document yet - I've done my biometrics appointment and now just waiting on my AP doc and EAD, but a few circumstances have changed and i may need to go home temporarily. My question is; where does that leave my US status at if I need to leave? Would I have to reapply for a spousal visa from Australia and start over an entire new visa process? What steps are required?

If anyone can shed some light i'd really appreciate it. Thank you!

[TBoneTX 45,321]

Hi all,

I have a question regarding leaving the US prior to getting your AP document. I may need to return to Australia for around 6 months and I haven't received my AP document yet - I've done my biometrics appointment and now just waiting on my AP doc and EAD, but a few circumstances have changed and i may need to go home temporarily. My question is; where does that leave my US status at if I need to leave? Would I have to reapply for a spousal visa from Australia and start over an entire new visa process? What steps are required?

If anyone can shed some light i'd really appreciate it. Thank you!

Don't leave without the AP or green card! If you've done biometrics and are simply waiting, set an InfoPass appointment. Bring the copies of your AOS/AP/EAD paperwork and backup information that relates to your need to leave the USA. Just in case, bring a couple of passport photos, too.

This would be your only chance of being able to return if you leave. Of course, your AP might be in the mail to you, in which case the InfoPass officer could tell you when to expect it.

[Hypnos 6,576]

Trying to expedite the AP might be a better way to go.

It's possible your green card would just arrive in the mail, or it's possible you will need to return to attend an interview before it's granted.

Edited May 18, 2013 by Hypnos

[Mel and Rudy 2]

The AP takes 60 days on average to be delivered to your house. Check the timelines for AP. You can even narrow the results based on current average turnaround time.

I was in a similar situation this January. I had to leave real bad and I didn't have my AP. I called up USCIS, expedited the process and even set up an Infopass appointment but luckily I got it the very next day.

Ironically, I got news that they were expediting my AP AFTER I got my AP which means they're really not that coordinated intra se. Mine took 63 days for approval and 70 days to receive after the NOA date.

If you get news that your AP is approved and has been dispatched, you can risk leaving on the hopes that when the wife mails you the AP, you will get it. They are gonna take your I-94 on departure so they know when you leave.

If you wanna go the CR1 route, be ready for another year of paperwork and waiting. It's hell and I wouldn't do it for a million dollars. All the best.

Also, even with an AP, 6 months might be a bit of a stretch. If you get called in for an interview, you should be able to fly back and attend. There's a few horror stories about trying to postpone the interview and having ones application rejected for no show.

Look up the matter.

I have been out for 3 months now and I am heading back to Uncle Sam the day after. I have a whole bunch of evidence with me in case those burly immigration guys are not in a good mood and wanna give me a tough time for being absent for a lengthy period. Luckily, my center was Newark, NJ and they almost never have interviews for K1 entrants and also there seems to be a massive backlog of applications from Newark so I didn't have to fly back for an interview. (I was prepared to do it though!)

Lastly, if you try to expedite it, the call center lady will ask you if you have a medical emergency bla bla and if you say no, she will decline to expedite it. You gotta be a little pushy in case it's not medical. Worked for me.

[Mel and Rudy 2]

Oh, I forgot the most important point.

If you leave before your AP is approved/dispatched, your application is deemed abandoned.

You will start over with a CR1 spousal visa. It's similar to K1 but I think it takes a little bit longer but on the brighter side, you get the green card within weeks after entering the US without having to make another I-485.

But if your wife wanted to stay with you in Australia during the waiting period and she had to quit her job for that and you didn't have co-sponsors then the affidavit of support would be a problem.

There's another method called Direct Consular Filing. If you lived together for a certain period of time (4 months for my consul) and your consulate is a participating member to this visa class AND of course you can furnish a valid affidavit of support, you could cut down the time to less than half. (4-6 week processing time in my case plus the 4 month live-in period to a total of less than 6 months)

I did all this research over 2 years ago so my memory is really sketchy and procedures may have changed, too. Kindly check everything yourself.

[channie14 1]

thank you so much for your help! so basically worst case scenario is we would need to reapply for the CR1. I will look into Direct Consular Filing too. I just wanted to make sure we can still definitely apply for the CR1 if we had to abandon the K1, I didn't want to abandon the K1 if it would make our CR1 application more difficult regarding them asking questions as to why we had to go that route etc. Thanks again!

[sara80 17]

DCF will be possible if both of you are living abroad for at least 6 months.. and check if it is available in your country.