Leaving without AP

[Lemonslice 4,841]

7 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!

The worst that can happen is to have to apply for a spouse visa (CR1). If you're ok with the risks (living abroad for a little longer, associated time and costs), go ahead. 

[gramercygreen 34]

Okay, this is going to sound harsh, OP, but I have to point it out:

 

I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.

 

And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.

 

Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.

Edited January 8, 2020 by gramercygreen

[gramercygreen 34]

And you are absolutely not trapped here. You can withdraw your AOS application and simply refile in the future.

 

Or, as the poster pointed out previously, you can go the CR-1 route (or IR-1 if your spouse ends up staying longer for the job in Canada).

 

The only thing in your way is the price tag, really. And maybe some ego. I dunno.

Edited January 8, 2020 by gramercygreen

[igoyougoduke 1,656]

47 minutes ago, skjourney said:

I think we're flogging a dead horse here, I can see both points. Yes legally marriage has no direct immigration benefit, however at the same time it's the major and only avenue for a person to proceed with immigration via k1 and the marriage is the entire and sole reason they even have a claim to immigrate. 

Law of the land supersedes Individual Marriage. OP thinks everyone here is against her but everyone here has gone through immigration hurdles and are trying to help OP. 

[Erin86 39]

48 minutes ago, gramercygreen said:

Okay, this is going to sound harsh, OP, but I have to point it out:

 

I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.

 

And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.

 

Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.

Thank you for your response. Honestly delaying it wasn't something that we thought of... I have been unemployed for a long time and need the ead. I did know the procedure but am currently quite frustrated with CIS because of the way they handle things. 

I could look into it but K1 was a long process and cost a lot too... not sure if I want to start over with another visa at the moment when the alternative is to wait until May at the latest (hopefully).

 

And me knowing about the process doesn't make it justified or logical. I wa just sharing my opinion and venting. 

[igoyougoduke 1,656]

31 minutes ago, Erin86 said:

Thank you for your response. Honestly delaying it wasn't something that we thought of... I have been unemployed for a long time and need the ead. I did know the procedure but am currently quite frustrated with CIS because of the way they handle things. 

I could look into it but K1 was a long process and cost a lot too... not sure if I want to start over with another visa at the moment when the alternative is to wait until May at the latest (hopefully).

 

And me knowing about the process doesn't make it justified or logical. I wa just sharing my opinion and venting. 

There are folks waiting for 20+ years in line and waiting still.. 

[SalishSea 17,829]

45 minutes ago, Erin86 said:

I did know the procedure but am currently quite frustrated with CIS because of the way they handle things. 

They handle things the way the statutes direct them to.  

Edited January 8, 2020 by Jorgedig

[Prizm123 1,086]

if you do leave without AP, its a one way trip.

[Erin86 39]

13 minutes ago, Jorgedig said:

They handle things the way the statutes direct them to.  

I was referring to processing applications not in the order they were received. 

[Erin86 39]

20 minutes ago, Donald120383 said:

There are folks waiting for 20+ years in line and waiting still.. 

Yeah there are, not spouses though. 

[gramercygreen 34]

1 hour ago, Erin86 said:

I have been unemployed for a long time and need the ead.

Have you thought about maybe expediting the EAD? Maybe working will help ease some of the frustration.

[Erin86 39]

7 minutes ago, gramercygreen said:

Have you thought about maybe expediting the EAD? Maybe working will help ease some of the frustration.

We have requested it for the AP but it seems the advice we were given about how to go about it was incorrect (advised at an infopass a year ago to send the packet witha request to expedite), so now waiting for NOA1 to be able to ask for that again... 

[igoyougoduke 1,656]

2 minutes ago, Erin86 said:

We have requested it for the AP but it seems the advice we were given about how to go about it was incorrect (advised at an infopass a year ago to send the packet witha request to expedite), so now waiting for NOA1 to be able to ask for that again... 

if you have a job offer a simple cover letter and a job offer letter will expedite the EAD and be processed in 45 days. 

[Lemonslice 4,841]

7 minutes ago, Donald120383 said:

if you have a job offer a simple cover letter and a job offer letter will expedite the EAD and be processed in 45 days. 

EAD=\=AP

[Erin86 39]

6 minutes ago, Donald120383 said:

if you have a job offer a simple cover letter and a job offer letter will expedite the EAD and be processed in 45 days. 

Thank you. When I receive the AP I'll probably go to Canada though to be with my husband... won't even use the ead unless I work from home.