Leaving the U.S. while AOS is in process

[Alesacil8 26]

I am pretty sure I already know the answer but I want to check in with someone who went through this and know what the consequences would be. 

 

I have a family emergency and the stress it has put on me is making me want to get a flight tomorrow and go back to my home country to attend to everything. I came to the U.S. on a K-1 visa and now my Adjustment of Status is in process (received in July and haven't done biometrics yet). What would happen if I leave now? What would my options be if I wanted to come back to my husband after I attend to my family's emergency in my home country?

 

Thank you in advance.

[Allaboutwaiting 2,503]

You can apply for an emergency advance parole, but unlike the one you might have filed already, you must pay the $575 fee.

You can find more information here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

If you decide to leave without advance parole, you would need to start from scratch, applying for a spousal visa.

[ashley_ann 179]

6 minutes ago, Alesacil8 said:

I am pretty sure I already know the answer but I want to check in with someone who went through this and know what the consequences would be. 

 

I have a family emergency and the stress it has put on me is making me want to get a flight tomorrow and go back to my home country to attend to everything. I came to the U.S. on a K-1 visa and now my Adjustment of Status is in process (received in July and haven't done biometrics yet). What would happen if I leave now? What would my options be if I wanted to come back to my husband after I attend to my family's emergency in my home country?

 

Thank you in advance.

Unfortunately there might be little you can do. Until biometrics are done you can’t expedite your advance parole which would allow you to leave without affecting your case. 
 

If left right now you most likely will not be allowed back into the USA and will have to do another visa (spousal) and wait for that process to be completed (2-+ years). 

A CBP officer told me once if this were to happen to phone the CBP office you’d be using as a port of exit and entry. Talk to a supervisor and they many be able to do something and get paper work drawn up however this is still not a guarantee he said. And not sure accurate this may be in today’s travel climate, country depending.  
 

I hope some one can offer a solution for you but it’s a tough spot to be in since biometrics haven’t been done yet. 

Edited September 18, 2021 by ashley_ann

[aaron2020 11,651]

If you leave now, you automatically abandon your AOS.  You would need to get a spousal visa to come back.  A spousal visa would take 1-2 years.

 

[powerpuff 6,700]

~ Moved from AOS K1/K3 forum to Working and Traveling during US immigration- APs are discussed here ~

[Alesacil8 26]

thank you everybody for your answers.

[HRQX 4,145]

4 hours ago, ashley_ann said:

A CBP officer told me once if this were to happen to phone the CBP office you’d be using as a port of exit and entry. Talk to a supervisor and they many be able to do something and get paper work drawn up however this is still not a guarantee he said.

Even if let in can still face issues at the I-485 interview. 8 CFR § 245.2(a)(4)(ii)(A) is very clear: "...Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act." The AP must be approved by USCIS before leaving so that the I-485 isn't abandoned.

Edited September 19, 2021 by HRQX

[Co6aka 18]

On 9/18/2021 at 3:36 PM, Alesacil8 said:

I have a family emergency and the stress it has put on me is making me want to get a flight tomorrow and go back to my home country to attend to everything.

Your husband should call your Congress(wo)man's office and ask to speak with the constituent affairs assistant about helping you obtain emergency advance parole. From what I've seen, they get issued and issued faster when a politician is involved. At least try to get the EAP before scrambling your lives to pieces by abandoning your current status. (I've seen this and it ain't pretty, or cheap.)