Leaving the US before AOS if filed/processed

[aaron2020 11,651]

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.

Asking for help committing immigration fraud is against the TOS on this website.

Father, mother, sister, etc. dying does not get around the lack of AP. No AP = no entry regardless of who died even if you had a death certificate.

You can apply for emergency AP with your AOS.

If you leave without AP, there is only one option - applying for a spousal visa which will take 6-12 months.

Others have made the painful mistake of leaving without AP and have to endure a year of separation. Don't do it.

Explain to the relatives that if you leave, you will not be allowed back for a year until you can get a spousal visa.

[Mike-eeh and Odie 193]

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.

That's one of many reasons people file for AP.

Case in point, you cannot, I repeat, cannot leave the USA without your AP or temporary green card. There is no exception, no ifs, ands, or buts, you cannot leave without AP or a green card.

Tell your wife and her family it's not a good idea for any international travel until you get your green card or AP. If they are still bent on a trip, why not go to Hawaii or Walt Disney World, Florida?

[Sunnyland 639]

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.

Count me as one of those. I needed to go to my home country while my AOS was pending and already had my EAD-AP combo card. When I returned to USA (via Miami POE), I was sent to secondary room for 2 hours! And was questioned by this young lady officer the reason why I went to Argentina and why my husband didnt go with me...blah blah blah. At one point I asked her, what is the problem officer? I used my Advance Parole to see my mother that needed me and my husband could not come with me due to a new job he got. Then I told her that if she had any more questions or doubts she could talk to my husband that was already nervous waiting outside for me without hearing from me. Right there, she let me go and asked me if I had plans to make another travel aboard. I said not now but I will if its necessary..

OP, I hope my experience shows you that even those with AP can find trouble in being admitted back. So dont expect they will welcome you back with open arms if you show up with no AP.

DONT leave USA without having your Advance Parole in hand (or AP-EAD combo card). You wont be admitted back without those. Simple. Your wife's family MUST understand that this is not a game. Immigration process is a serious thing and you can not come and go and leave when you wish without having your papers to return. You need to work around immigration. Immigration dont work around you.

At POE will NOT understand nor won't care that you left the country in the middle of AOS and without an AP or GC just because your wife's family paid for a honeymoon for you guys.

Apply for AOS ASAP (include the forms for EAD and AP) and one you have those then plan the trip. Many of VJ's members havent had a proper honeymoon yet. I myself havent had a REAL honeymoon with my hubby either, we would like to travel to Europe but there is no money. All goes to the immigrations papers,house, etc. So what we did was a short weekend trip to Orlando!

Hope you make the decision that is best for YOU. Not for your wife's family. Expedited AP are for REAL emergencies. Not for a bad planned honeymoon.

Edited May 13, 2015 by Sunnyland

[Dave&Roza 748]

Case in point, you cannot, I repeat, cannot leave the USA without your AP or temporary green card. There is no exception, no ifs, ands, or buts, you cannot leave without AP or a green card.

Just to pick nits here. He or anybody else can LEAVE the US any time they like. It is RETURNING to the US that is the issue, but you are correct.

Dave

[Ouray777 4]

What it all boils down to is NO you can NOT get back into the USA without AP. I'm talking from personal experience.

My husband was advised by a few rocket scientist on line that he could leave without AP and his wife (myself) could get the AP for him, send it to him. and he could use it to get back in. What actually happens is...when AP is applied for, they take a look at your I-94, where they can see all your arrivals and departures. When they see a person has departed, they deny the AP. There are no tricks anyone can pull, no amount of pleading, no sob stories that will get them back into the USA without AP...period.

[Mike-eeh and Odie 193]

Just to pick nits here. He or anybody else can LEAVE the US any time they like. It is RETURNING to the US that is the issue, but you are correct.

Dave

Nit pick noted and agreed!