Leaving without AP

[payxibka 10,045]

5 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 

Its because you are adjusting status,  if you depart without the protection of AP then you no longer have any status to adjust from.   Any subsequent entry would result in a new status that would render the submitted i485 obsolete and out of date 

Edited January 8, 2020 by payxibka

[Boiler 45,516]

5 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 are not trapped, nothing stop you leaving, this is a getting back in issue.

[SalishSea 17,829]

6 minutes ago, Erin86 said:

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? 

Being married to a USC confers no immigration benefit.

[Erin86 39]

Just now, Boiler said:

You are not trapped, nothing stop you leaving, this is a getting back in issue.

I understand that, but the result of leaving is not being able to come back... so I am forced to stay. 

[geowrian 22,337]

12 minutes ago, Erin86 said:

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. 

It's not USCIS's decision. This is in the INA directly. It would take an act of Congress to change it.

It's a combination of a few factors...

1) AOS - in this case - is meant to be a way to obtain permanent residency for family reunification. The idea behind that is separation poses too large a burden to have to get an immigrant visa.

2) The laws were written back when international travel was less common.

3) On what basis would/could somebody return? You no longer have a valid visa that permits entering with intent to immigrate.

Edit: And if somebody did have such a visa, then leaving w/o AP actually is allowed (H-1B, L visas, etc.).

 

Quote

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?

Many spouses of a USC decide not to live in the US. Being married to a USC doesn't automatically mean you plan to stay in the US.

Edited January 8, 2020 by geowrian

[SalishSea 17,829]

Just now, Erin86 said:

I understand that, but the result of leaving is not being able to come back... so I am forced to stay. 

Did you not know that was part of the deal with your visa?

[Erin86 39]

1 minute ago, Jorgedig said:

Being married to a USC confers no immigration benefit.

That's incorrect. Being married gives you the right to apply for citizenship. That wouldn't have been something you would be eligible for without the marriage.

[SalishSea 17,829]

Just now, Erin86 said:

That's incorrect. Being married gives you the right to apply for citizenship. That wouldn't have been something you would be eligible for without the marriage.

Nope.  The USC has the right to petition for an immigrant visa for a spouse.  That's it.

[geowrian 22,337]

Just now, Erin86 said:

That's incorrect. Being married gives you the right to apply for citizenship. That wouldn't have been something you would be eligible for without the marriage.

Huh?

I guess it confers the ability to apply under the 3 year rule instead of 5 year rule once you are already a green card holder...but it does not grant somebody any benefits just by being married.

[Erin86 39]

1 minute ago, Jorgedig said:

Did you not know that was part of the deal with your visa?

I did know. Some unpredictable things happened since the k1 petition though and so now it is an issue for us.

Like I said, different situations and circumstances for everyone.

 

1 minute ago, geowrian said:

It's not USCIS's decision. This is in the INA directly. It would take an act of Congress to change it.

It's a combination of a few factors...

1) AOS - in this case - is meant to be a way to obtain permanent residency for family reunification. The idea behind that is separation poses too large a burden to have to get an immigrant visa.

2) The laws were written back when international travel was less common.

3) On what basis would/could somebody return? You no longer have a valid visa that permits entering with intent to immigrate.

 

So as you said the laws were written a very long time ago. No one bothers to update them to reflect current times. 

[Erin86 39]

1 minute ago, geowrian said:

Huh?

I guess it confers the ability to apply under the 3 year rule instead of 5 year rule once you are already a green card holder...but it does not grant somebody any benefits just by being married.

And on what grounds would you have been eligible for a green card without your spouse? (Or other family member)

[geowrian 22,337]

Just now, Erin86 said:

So as you said the laws were written a very long time ago. No one bothers to update them to reflect current times. 

That's one factor IMO (not to mention good luck passing any immigration changes in the current political environment). It's not the only factor.

[Boiler 45,516]

Just now, Erin86 said:

And on what grounds would you have been eligible for a green card without your spouse? (Or other family member)

Work is probably the most obvious one, Parents is quite common on here and then of course Investment, I could go on.

[payxibka 10,045]

2 minutes ago, Erin86 said:

And on what grounds would you have been eligible for a green card without your spouse? (Or other family member)

Diversity lottery.   

[geowrian 22,337]

Just now, Erin86 said:

And on what grounds would you have been eligible for a green card without your spouse? (Or other family member)

I was born a USC, so on no basis would I have ever been eligible for a green card.

The USC spouse has the option to petition for a spouse. If approved, then then non-USC spouse has the ability to apply for a visa (or AOS, if in the US).

The marriage itself does nothing. It's the steps people take after marriage that allow something to happen.