Leaving U.S. while Advance Parole (I-131) is still pending along with an AOS?

[GJohn 0]

Hi,

I petitioned for the AP when filing my wife's AOS (i485 and i130 concurrently) three weeks ago. We got a notification to have her biometrics taken on the 2nd of July but we walked in this morning and had it done. The issue is that I will start a 6-month job assignment in China (bringing my wife with me) in less than 2 months and we are still waiting for the AP approval. I was thinking that we could ask someone to pick up the AP in our mail and send it to China once it is approved by USCIS... Since her biometrics is taken, I want to know for the worst case if we leave U.S. before the AP approval.

How much longer do we need to wait for AP approval?

Will it cause any complication to her AOS process?

Will USCIS cancel the process of her AP once they find out she left U.S.?

I tried search such topic but having no luck finding one that match our situation. I would like to hear you advice!! Thanks!!

[Pitaya 2,577]

~Moved from Bringing Family Members of US Citizens to America to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

[Lainie B 465]

If she leaves the US before the AP is approved then she has abandoned her I-485/I-765/I-131 applications.

[Darnell 8,479]

now that the biometrics is done,

I suggest you chase after an expedite on the AP.

1. call into uscis, get a Tier 2 Human, an ISO - talk a bit, they will tell you what to do to expedite the AP. Don't get off the phone until you have clear instructions on what to do to submit the expedite request and/or expedite material , with an email address or fax # and get the ISO's name.

2. get an infopass appointment via https://infopass.uscis.gov and ask for the expedite there...

[do #2 only if you get a tardo ISO on step #1]

[NigeriaorBust 4,087]

Also be sure your wife has whatever visa needed for China if any, Some people make the mistake of thinking status in the US makes them able to travel like a USC

[GJohn 0]

ah thanks for the reply. both of us are ethnic Chinese and right now she's a Chinese citizen.

[aaron2020 11,651]

If your wife leaves without AP, then the AOS is abandoned. It doesn't matter if it arrives in the mail after she leavrs, it's still invalid.

[Dave&Roza 748]

I want to know for the worst case if we leave U.S. before the AP approval.

How much longer do we need to wait for AP approval? No one knows. 2 days or 2 more months.

Will it cause any complication to her AOS process? No not at all. It just cancels it. No problems with the AOS process.

Will USCIS cancel the process of her AP once they find out she left U.S.? See above answer #2.

I tried search such topic but having no luck finding one that match our situation. I would like to hear you advice!! Thanks!!

Worst case that happens if she leaves without AP: The AP and GC are canceled. She is outside the US without proper documents to re-enter the US. She is married to a USC. You as her husband now must file for the IR-1/CR-1 spousal visa and wait for it to be approved--the catch here is you must be in the US to do this (not sure if China has DCF (Direct consular filing), but you would need to be there for more than just 6 months) so you must wait until you return to the US, then you must wait for the visa which is talking up to a year to receive. At least this time she will get her GC when she enters the US. So it will be a lot of time spent apart.

IMHO, she will need to wait for the AP and/or GC before going with you. If that means she has to wait and come later, so be it. Otherwise the two of you will be spending several months apart.

Dave

Edited June 27, 2014 by Dave&Roza

[agrabs 243]

Also, you guys will need to be here for her green card interview. Even if you got a potential interview waiver letter - that doesn't guarantee you won't have an interview. I friend of mind that posts on here got an interview waiver letter but ended of getting scheduled for an interview.