Leaving the US before AOS if filed/processed

[clairegie 265]

It looks like practically all of the travel arrangements have already been paid for by her relatives, and a whole host of activities.

Could I possibly be re-admitted if we claimed, albeit highly irresponsible and unethical of me, one of her relatives had died suddenly? Would that suffice travel at such short notice even without having filed the AP?

I'm grasping at straws here because I feel awful given how much time and money her relatives have invested into this trip.

Of course we will say NO because this is teaching you to lie.

Even if someone died, you would have to FILE for emergency AP. They would need proof. Dont even think of falsifying documents. Whatever happened to standing your ground? They should have checked with you before paying for anything. If they insist on being stubborn, make sure they pay for your spousal visa fees too.

Edited May 12, 2015 by iammrsregie

[tolitzpogi 37]

IF you had filed for AP for reentry, you could have asked for an expedite if someone did die suddenly who was an immediate family (a parent, child, sibling, etc), and not an aunt, a cousin, etc.

IF no one died and you claim that they did just to be granted reentry, that would be fraud.

Fact remains... no reentry documentation, no reentry. Personally speaking, they should not have made plans for your sake without seeking your approval first. You might feel sorry for them and feel it is a waste with all that financial preparation, but you would feel more sorry for yourself if you decided to push through with it and risk reentry. As someone said before, PRIORITIES.

[ChicagoSarah 127]

When is the trip to South Korea planned? If it's at least 90 days from now, get that AOS with EAD/AP filed NOW and you should be able to make the trip.

As everyone else has said, the K-1 was a one-time entry visa. Leaving the country now will mean you will have to go back to the UK and file the CR-1 visa (lots more time and another year of waiting).

You can always request expedited AP, but I doubt they would consider a belated honeymoon worth expediting.

[templeton 120]

Wow. That was very generous of her relatives. And presumptive.

You're risking everything you've worked for if you leave without AP. That's pretty unfair of anyone to expect you to do that. If there isn't the time or money to file for AOS/EAD/AP before the trip, you simply have to tell them that leaving the country right now is not an option due to immigration rules...which you would have been happy to tell them before they spent the money, if they had simply taken the courtesy to ask you first.

[Ortolan 381]

They should've asked first. Stick to your guns, stay put until you get your AOS. Honeymoon isn't worth it, even if it's free, if it causes you a host of problems the day you try to go back home!

Stay home and go to the beach.

[Beefheart 31]

Thanks again for all the feedback.

I most definitely won't be leaving the country until the AOS is sorted.

[ChicagoSarah 127]

Thanks again for all the feedback.

I most definitely won't be leaving the country until the AOS is sorted.

Good luck...sounds like a tough situation, and I'm sure the misunderstanding/guilting if they have already paid for tickets is far from over.

You seem to know what you're doing, though...sorry you have to deal with this in the first place!

[Dave&Roza 748]

Thanks again for all the feedback.

I most definitely won't be leaving the country until the AOS is sorted.

If you are having trouble affording the filing fee for the AOS, why no thave the relatives help pay the $1070 for the AOS. If you wait too long, you will need to to complete another medical with a CS which is more money. Seems like they have put the cart before the horse. You need travel documents in order to return to the US. Those documents are 1) a valid tourist visa, 2) VWP and electronic travel documents from a participating country, 3) EAD/AP combo card or just AP, 4) a valid GC, or 5) a US passport. What do you currently have? If you should leave the US without one of those documents, you wife will need to file for a spousal visa and you will need to wait out the processing some place that is not in the US with your spouse. Do your relatives really want you and your wife to be seperated for approximately a year just so they can celebrate our marriage? Have them take a look at Title 8 of the CFR for what the US government has to say about your need for AP and the GC and after reading thru the actual law ask them if they think it is worth leaving without the proper travel documents just to celecbrate your wedding.

Good luck,

Dave

[toribae1031 3]

Good morning all,

Haven't been on in a while; life has been hectic as always.

Just looking for a little advice regarding Advance Parole. My wife and I never went on a proper honeymoon abroad following our wedding (for obvious reasons). However, some of her family now want us to visit them in South Korea as a belated honeymoon type of holiday. The problem is that we still haven't filed the AOS package (including the AP) yet because of a number of small financial issues, and it looks unlikely that this will have changed prior to our expected departure date.

Is it advisable for me to leave the US before the AOS package is filed, or do I risk not being admitted back into the country upon our return from South Korea? I'm really worried about the whole thing as nobody in my immediate family seems to be bothered about what I perceive to be a very real problem should I leave the US before receiving my green card or even having filed the AOS package.

Any advice; accounts of what's happened to you -- or someone you know -- who may have done the same; or words of wisdom would be greatly appreciated.

Thanks,

Mark

Do not leave U.S. and your wife should understand it too. also hers family.

get money whenever you can. and file AOS package asap.. alright?

also, korea C.B.P. or U.S. wouldn't let you go or comeback to united states..

your wife should know that. once you get green card. you guys can visit to the Korea whenever you want. alright?

nah.... they don't care of your visa processing. that's why they can say it very easily...

[toribae1031 3]

and I have question. why you guys can't just file it? sounds like you guys have money to go back to korea. it usually around $1500 up to $2000. you CAN FILE VISA WITH THAT MONEY!!!!!!!!!!!!!!!!!!1

this is what you should think of it..

if you stuck in korea or your country because you left america without doing anything else.

alright. if fortunately you resolved problem and get green card. ... okay.. then what? you should think about citizenship too !!!!!!!!!!!!!!!!!!!!!!!!!!!1 you can get green card even if you had some issue.. you can... if you can proove it. but if you already had some flags on your immigration records they wouldnt give you citizenship easily. most likely they will deny your citizenship. please, wake up this is nonsence... having financial issue but buying ticket isnt issue? she is flight attandent?

because my sister is flight attendant. so she paid my flight ticket. it was only around $200 to get back to u.s. from s.korea.

if not, then just file green card first dude!!!!!!!!!!!!!!!!!!!!!!!!!!1

[cdneh 3,112]

and I have question. why you guys can't just file it? sounds like you guys have money to go back to korea. it usually around $1500 up to $2000. you CAN FILE VISA WITH THAT MONEY!!!!!!!!!!!!!!!!!!1

this is what you should think of it..

if you stuck in korea or your country because you left america without doing anything else.

alright. if fortunately you resolved problem and get green card. ... okay.. then what? you should think about citizenship too !!!!!!!!!!!!!!!!!!!!!!!!!!!1 you can get green card even if you had some issue.. you can... if you can proove it. but if you already had some flags on your immigration records they wouldnt give you citizenship easily. most likely they will deny your citizenship. please, wake up this is nonsence... having financial issue but buying ticket isnt issue? she is flight attandent?

because my sister is flight attendant. so she paid my flight ticket. it was only around $200 to get back to u.s. from s.korea.

if not, then just file green card first dude!!!!!!!!!!!!!!!!!!!!!!!!!!1

It pays to read the posts before responding to them. The trip is being paid for by relatives. He is not spending money on a trip instead of paying for the AOS.

And for the record, this issue hasn't got one thing to do with future citizenship.

[raven52 233]

You seem like a nice guy. Please, listen to these experts, on this site..,.,.,,."there is NOTHING you can say to get you back in this country.,.,.,NOTHING!

I have seem posts here when an AP card has even questioned when coming back to this country.

I would wait for the 2 yr. GC.,.,.,before I left this country's borders.

No matter what you might dream up.,.,.will get you back here without your AOS.,.,finished, or at least the AP card.

A CR-1 is 12-16 months.,..,of more paperwork and dealing with the USCIS. I am sure you do not want that.

It would seem like the relatives are being un-reasonable, or just does not care what happens to you. Looks like your wife could help with this.

[toribae1031 3]

my bad i didnt really read it well anyways.

i just dont want to make any other problems thats why i want him just to stay here until he gets green card thats why.

It pays to read the posts before responding to them. The trip is being paid for by relatives. He is not spending money on a trip instead of paying for the AOS.

And for the record, this issue hasn't got one thing to do with future citizenship.

[Ouray777 4]

My husband traveled out of the US last July, before he had advance parole. He lost his K1 visa. Just like that, it was over. Starting a family visa application was our only option.

[CowBoE 429]

Few comments...

Borrow, beg, steal (Ok...maybe not this one), but get that AOS/EAD/AP started.

Without EAD or GC, you won't be able to work (legally).

Don't know if the trip was going to be paid by the parents, but keep in mind that,

Koreans are very generous gift givers between close families and friends,

but they (silently) expect some reciprocal value in return as well.