Need advice on leaving the US before receiving AP or Green card

[cararyn 12]

On 7/30/2022 at 5:56 AM, nastra30 said:

They played the system. They'll be found out at some point. And definitely be found out if she decides to naturalize.

I wonder what would happen if they were found out though given she’s already got the 10 year green card at this point. 

[Crazy Cat 41,349]

5 minutes ago, cararyn said:

I wonder what would happen if they were found out though given she’s already got the 10 year green card at this point. 

EVERYTHING is reviewed when a Green Card holder applies for naturalization.

[Cheschirecat 176]

On 7/30/2022 at 9:35 AM, Fischbacher said:

This is really not a story your friend should recount given that’s… very generously lets call it questionably legal.

Exactly!

[Fischbacher 4]

8 hours ago, cararyn said:

I wonder what would happen if they were found out though given she’s already got the 10 year green card at this point. 

Nothing good, and your friend should take to a lawyer asap.

[pasharapov 3]

Definitely apply for an expedite with AP - when we did back in June, case got approved in a week and the combo card came in the mail about 5 weeks later. 

I know every case is unique and every agent is different, but we weren't asked for evidence either (although we had it). 

 

[cararyn 12]

3 minutes ago, pasharapov said:

Definitely apply for an expedite with AP - when we did back in June, case got approved in a week and the combo card came in the mail about 5 weeks later. 

I know every case is unique and every agent is different, but we weren't asked for evidence either (although we had it). 

 

I wish. We’re due to receive our AP approval literally any day now but he can’t stand being here and he can’t take not knowing when it’s going to come so I’ve explained many times the options and consequences but he’s reached his limit. ☹️

[pasharapov 3]

30 minutes ago, cararyn said:

I wish. We’re due to receive our AP approval literally any day now but he can’t stand being here and he can’t take not knowing when it’s going to come so I’ve explained many times the options and consequences but he’s reached his limit. ☹️

I can imagine - when family is involved, you can't really say no to him. Hang in there, call USCIS relentlessly and at least try to get a date. In the mean time get proof that his mother is sick and any other evidence he can get. Find something to occupy his time to make the days fly by faster. If she's literally on her death bed and can pass any day, I would let him go. Then come up with plan B (like living in a different country where the system isn't so messed up). 

[Ankomah 5]

On 7/29/2022 at 3:12 PM, cararyn said:

Long story short, my husband wants to go home to his country for a bit but we don't have his AP or Green card yet. I know that if he leaves without receiving either, we are abandoning the AOS application altogether. If in the future he wants to come again, does that mean we have to fill out the I-130 form and start all over? The weird thing would be that we have a marriage license from the US. Not sure if that would make a difference or not. Thank you. 

If he leaves, just know the embassy will not make his case a priority to reissue a new visa. There’s a wife in one of my online groups who husband left the country before they approved his travel document. His visa expired so he has to make a new appointment to see a consular officer. The wife has been emailing and calling the embassy and they have yet to schedule her husband an appointment. I guess they feel like he was issued a visa once, so they are not going to push you ahead of others who have not been heard. To answer your question, no he will not have to do the entire process again. The I-131 has a section for those who are outside of the country. You just have to fill that part out and submit it to USCIS. So you can only guess how long that will take 😉

[Crazy Cat 41,349]

5 minutes ago, Ankomah said:

The I-131 has a section for those who are outside of the country.

Except he is not a resident.  He has no travel document or basis to re-enter the US. 

Edited August 2, 2022 by Crazy Cat

[Family 3,842]

4 minutes ago, Ankomah said:

The I-131 has a section for those who are outside of the country. You just have to fill that part out and submit it to USCIS. So you can only guess how long that will take 😉

The I-131 is used for other processes ( such as Humanitarian Parole for those outside the US and Re Entry Permit for LPRs) but that section does NOT apply to AP, and if one leaves before it’s approved, the I-485 is considered abandoned.

 

[J2020 94]

On 7/29/2022 at 12:12 PM, cararyn said:

Long story short, my husband wants to go home to his country for a bit but we don't have his AP or Green card yet. I know that if he leaves without receiving either, we are abandoning the AOS application altogether. If in the future he wants to come again, does that mean we have to fill out the I-130 form and start all over? The weird thing would be that we have a marriage license from the US. Not sure if that would make a difference or not. Thank you. 

He can request to go through consular processing 

 

I honestly don’t recommend leaving without an AP, it takes so long and so much money to do this overseas. I’m in this situation right now and I hate being stuck abroad while my life is on hold back in the States for 3 years now