Leaving without AP

[Erin86 39]

Hey all,

So I am perfectly aware of the risk of leaving the US before getting your AP... however, I was wondering if anyone here has tried this or heard of someone else and what the results were when they tried to re-enter. 

Please if you have personal experience or links to refer to I would appreciate it.

Thanks!

Edited January 7, 2020 by Erin86

[Sweetdreaming 397]

theres a thread about a relatively recent case here. 

 

 

[Crazy Cat 41,856]

Do a search for the word "stranded" here on VJ......several stories.....it isn't wise to leave without having an approved advance parole document in hand....

[Dashinka 24,498]

Lots of threads using VJ search.  Found one old one where a Canadian was readmitted during layover, but it appears they eventually left and filed a spousal visa.

 

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=Leaving+without+AP+&sa=Search

 

 

[Sweetdreaming 397]

IIRC we dont tend to get logged when leaving the US anymore (maybe we actually do but i dont remember showing documents whenever i used to fly back home). However, we most certainly do when coming back into the US therefore theyre always going to know you did abandon your AOS whether you come back on the same visa or something like VWP.

 

If its an emergency maybe this is your best course of action :

 

Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document.  When visiting a local office to request emergency advance parole, you should bring the following items:

A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.

Edited January 7, 2020 by skjourney

[designguy 1,179]

3 minutes ago, skjourney said:

IIRC we dont tend to get logged when leaving the US anymore (maybe we actually do but i dont remember showing documents whenever i used to fly back home). However, we most certainly do when coming back into the US therefore theyre always going to know you did abandon your AOS whether you come back on the same visa or something like VWP.

Oh you most certainly are logged when leaving. How do you think they know when people overstay

[Erin86 39]

Thanks everyone for your replies! I know it is dangerous, just wanted to see if anyone managed to get back in, but I did not realized it would mean abandoning AOS... so I guess it's not an option 😆

[Sweetdreaming 397]

Just now, designguy said:

Oh you most certainly are logged when leaving. How do you think they know when people overstay

true, i just have no idea how they do it, they trust the airlines manifest ?

[geowrian 22,337]

The pending I-485 is deemed abandoned if you depart the US w/o AP. This is written directly into the INA.

When USCIS gets notice of it (it can take months), they either directly deny the I-485 or issue an RFE for evidence of not having departed the US.

 

There is a possible revalidation of I-94 in limited circumstances, or issuing of a new K-1 visa (if still unmarried) with the original 90 day period. This is very risky but theoretically possible.

 

A K-1 visa is single use. It is canceled at POE after first entry.

Obviously biggest issue for most travelers is how to board the plane. As noted, the K-1 visa is dead.

Using the VWP to re-enter the US with intent to file for AOS would be fraud.

2 minutes ago, skjourney said:

true, i just have no idea how they do it, they trust the airlines manifest ?

APIS (basically the manifests, yeah)

[Boiler 45,516]

7 minutes ago, Erin86 said:

Thanks everyone for your replies! I know it is dangerous, just wanted to see if anyone managed to get back in, but I did not realized it would mean abandoning AOS... so I guess it's not an option 😆

Plenty of people, well I assume most come back, the question is on what basis and how long it takes.

 

 

[SalishSea 17,829]

Another example of a thread highlighting one of the major pitfalls of the K-1 visa vs the CR-1.

[little immigrant 801]

4 hours ago, Erin86 said:

Hey all,

So I am perfectly aware of the risk of leaving the US before getting your AP... however, I was wondering if anyone here has tried this or heard of someone else and what the results were when they tried to re-enter. 

Please if you have personal experience or links to refer to I would appreciate it.

Thanks!

Umm there is no "risk". You simply won't be let back in. End of story. Don't leave without AP. 

[debbiedoo 2,339]

why would anyone even POSSIBLY think this would be a good idea?

[Erin86 39]

7 minutes ago, debbiedoo said:

why would anyone even POSSIBLY think this would be a good idea?

I never said it was a good idea. But given the situation I'm in, the thought comes up 🤷‍♀️ 

 

I really don't see the point of this thing anyway. If I leave for a certain amount of time after submitting AOS (and there are many good reasons) why should that automatically mean I've lost interest in the process? What is the logic behind this? All it does is create more workload for USCIS that they cannot handle. 

I have a valid passport. I am married to a U.S citizen so obviously I've left everything behind to come here, why do I need to be trapped here? 

And yes I know we all go through it, but each situation is different and I believe most people don't need their AP very quickly after just getting here and starting a life. /rant 

[SalishSea 17,829]

3 minutes ago, Erin86 said:

I never said it was a good idea. But given the situation I'm in, the thought comes up 🤷‍♀️ 

 

I really don't see the point of this thing anyway. If I leave for a certain amount of time after submitting AOS (and there are many good reasons) why should that automatically mean I've lost interest in the process? What is the logic behind this? All it does is create more workload for USCIS that they cannot handle. 

I have a valid passport. I am married to a U.S citizen so obviously I've left everything behind to come here, why do I need to be trapped here? 

And yes I know we all go through it, but each situation is different and I believe most people don't need their AP very quickly after just getting here and starting a life. /rant 

You can always try it, and let us know how it works out for you?