Travel without AP

[Listen97 4]

My wife's family got COVID a few weeks ago and as expected caused her lots of anxiety and stress. Thankfully they are all recovering fine. She has been away from her family for a year and a half now longer than any other time and just can't stop worrying about them and what else might happen when she is not there.

 

We applied last Sept for AOS and just recieved her biometrics appt so don't qualify for a V1 visa. I know about AP but wasn't sure if that is the only way to travel outside of the country. $600 is quite a bit to spend if they don't approve it and I don't think it qualifies as an emergency exception.

 

Any advice is appreciated, the stress and anxiety is so hard for her and me both.

[iy2020 118]

AP is free while AOS is pending, just like the EAD. You could have included the I-131 with your initial submission. You could still apply for it now. It would still be free, you would just have to include a copy of the receipt notice of the AOS showing you’ve paid for those fees. AP is not only for emergencies. If you look at the forums, people travel on it for non-emergencies all the time. 

[Crazy Cat 41,904]

9 minutes ago, iy2020 said:

AP is free while AOS is pending, just like the EAD. You could have included the I-131 with your initial submission. You could still apply for it now. It would still be free, you would just have to include a copy of the receipt notice of the AOS showing you’ve paid for those fees. AP is not only for emergencies. If you look at the forums, people travel on it for non-emergencies all the time. 

But it could take as long as 8 months to get approval.  OP's spouse needs to apply for emergency travel.

Edited July 3, 2021 by Lucky Cat

[Boiler 45,558]

V has not been around for 20 years.

 

Leaving is not the issue, AP is needed to get back in.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[retheem 566]

On 7/3/2021 at 12:58 PM, Listen97 said:

My wife's family got COVID a few weeks ago and as expected caused her lots of anxiety and stress. Thankfully they are all recovering fine. She has been away from her family for a year and a half now longer than any other time and just can't stop worrying about them and what else might happen when she is not there.

 

We applied last Sept for AOS and just recieved her biometrics appt so don't qualify for a V1 visa. I know about AP but wasn't sure if that is the only way to travel outside of the country. $600 is quite a bit to spend if they don't approve it and I don't think it qualifies as an emergency exception.

 

Any advice is appreciated, the stress and anxiety is so hard for her and me both.

Unfortunately if she leaves the US without having the AP, she will be deemed to have abandoned her application, she will have to file a new application (CR1) or another application. She will have to make a choice

[USC4SPOUSE 506]

On 7/3/2021 at 1:58 PM, Listen97 said:

My wife's family got COVID a few weeks ago and as expected caused her lots of anxiety and stress. Thankfully they are all recovering fine. She has been away from her family for a year and a half now longer than any other time and just can't stop worrying about them and what else might happen when she is not there.

 

We applied last Sept for AOS and just recieved her biometrics appt so don't qualify for a V1 visa. I know about AP but wasn't sure if that is the only way to travel outside of the country. $600 is quite a bit to spend if they don't approve it and I don't think it qualifies as an emergency exception.

 

Any advice is appreciated, the stress and anxiety is so hard for her and me both.

@Listen97, your wife may call USCIS and request to expedite the I-131 Advance Parole. They may ask for evidence that she needs to travel. Sometimes they do not ask for evidence and proceed to either approve or deny the request to expedite. I would suggest just offering the evidence anyway. You can ask for a fax number or Email to send the evidence.

It does not hurt to ask USCIS to include the I-765 in her request to expedite. That way, your wife will get a combo card (EAD/AP). 

 

If that initial request fails or sits in limbo.You can reach out to your US senator or US Congressperson and ask them to request to expedite on your behalf.

https://www.senate.gov/senators/senators-contact.htm?OrderBy%3Dstate%26Sort%3DASC

https://www.house.gov/representatives/find-your-representative

If this does not work, then you can move to plan C and request Emergency Advance Parole. For this, you have to call USCIS, make an appointment at the local office and fill out an I-131 for a single trip. It costs $500+. 

 

If you take this route, know that some field offices prefer having Service Centers deal with this. And the field office officer may steer you towards getting the Service Center to do it. If the service center does it, then there is no charge.