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

[SalishSea 17,820]

1 hour ago, arken said:

It seems he will be going for a bit longer.

 

Best to withdraw i485 to avoid complication if he is gone for a good time. I130 remains valid if approved. When he is ready to move back, you can file i824 to have the approved i130 transferred to NVC for consular processing. 

No I-130 is filed for K-1s.

[cararyn 12]

15 minutes ago, Ontarkie said:

His mom's health might qualify him for emergency AP. 

 

Also if you think working would help him try to get a job offer  and he can try to get the  EAD expedited. 

He got his EAD a few weeks ago. It's frustrating they decoupled the EAD from the AP. I think our AP could come any day now based on timelines I've seen but he is so fed up he wants to leave and abandon it all

[MarryMe987654 244]

17 minutes ago, cararyn said:

He got his EAD a few weeks ago. It's frustrating they decoupled the EAD from the AP. I think our AP could come any day now based on timelines I've seen but he is so fed up he wants to leave and abandon it all

Can you check again?

I got a combo card (EAD and AP) in 2020. I didn't think they are giving them separately now.

My card says Employment Authorization on top and then says, "Serves as I-512 Advance Parole" at the bottom.

 

[cararyn 12]

Just now, MarryMe987654 said:

Can you check again?

I got a combo card (EAD and AP) in 2020. I didn't think they are giving them separately now.

My card says Employment Authorization on top and then says, "Serves as I-512 Advance Parole" at the bottom.

 

We did check and his says something different to the effect that he can't leave. It sounds inconsistent though. I have seen some people still getting it together, but we unfortunately did not. 

[Carlos.Brazil 40]

We just got our EAD a few weeks ago and it also doesn't say it serves as AP.

[Sinead91 249]

29 minutes ago, MarryMe987654 said:

Can you check again?

I got a combo card (EAD and AP) in 2020. I didn't think they are giving them separately now.

My card says Employment Authorization on top and then says, "Serves as I-512 Advance Parole" at the bottom.

 

Unfortunately it looks like since March they no longer issue them as combo cards. I know a few who received EADs and not AP.

[Timona 4,207]

1 hour ago, cararyn said:

He got his EAD a few weeks ago. It's frustrating they decoupled the EAD from the AP. I think our AP could come any day now based on timelines I've seen but he is so fed up he wants to leave and abandon it all

 

Working should keep him occupied. He should try and look for a job and meet people. 

[SalishSea 17,820]

6 hours ago, MarryMe987654 said:

Can you check again?

I got a combo card (EAD and AP) in 2020. I didn't think they are giving them separately now.

My card says Employment Authorization on top and then says, "Serves as I-512 Advance Parole" at the bottom.

 

Yeah, two years later, not the same.

6 hours ago, cararyn said:

He got his EAD a few weeks ago. It's frustrating they decoupled the EAD from the AP. I think our AP could come any day now based on timelines I've seen but he is so fed up he wants to leave and abandon it all

May I ask why he wants to abandon the AOS process?

[Family 3,988]

10 hours ago, 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. 

I imagine you just spent close to two years ( waiting for him to come /K-1 process)..and he is not adjusting to life in US . Will you stay long distance married or are you considering going back w him? 
Holding on till AP gets here will give him the chance to come and go …cause unless you go back w him, abandoning the AOS will greatly strain your relationship.

 

Look into expediting the AP, review qualifying reasons and give it a shot

[Cheschirecat 176]

True story.. a friend of mine was in the K1 process with his then fiancé. She came to the US they got married within the 90 days. She decided to leave him and went back to Haiti before AP, She then begged him to come back even though she left before AP. Well,  while she was gone he received her AP and took it to her in Haiti and she came back into the US without issue. 

[Crazy Cat 41,842]

12 minutes ago, Cheschirecat said:

True story.. a friend of mine was in the K1 process with his then fiancé. She came to the US they got married within the 90 days. She decided to leave him and went back to Haiti before AP, She then begged him to come back even though she left before AP. Well,  while she was gone he received her AP and took it to her in Haiti and she came back into the US without issue. 

In that case, the adjustment of status should have been denied at the interview since the person left the US before AP was approved.  There have been denied cases for that here on VJ.   The issue would likely be discovered at some point in the future.

Edited July 30, 2022 by Crazy Cat

[Cheschirecat 176]

14 minutes ago, Crazy Cat said:

In that case, the adjustment of status should have been denied at the interview since the person left the US before AP was approved.  There have been denied cases for that here on VJ.   The issue would likely be discovered at some point in the future.

It was not discovered. She now has her 10 year green card 

[nastra30 2,284]

25 minutes ago, Cheschirecat said:

True story.. a friend of mine was in the K1 process with his then fiancé. She came to the US they got married within the 90 days. She decided to leave him and went back to Haiti before AP, She then begged him to come back even though she left before AP. Well,  while she was gone he received her AP and took it to her in Haiti and she came back into the US without issue. 

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

[P055UM 281]

I would strongly recommend trying to hold on til AP.

You guys have put so much work in to get to this point and it would be a shame to undo so much of it. AP expedite could work, or failing that, you’re hopefully only looking at another few months until it just arrives on day.

 

All the bureaucracy and waiting is depressing and frustrating, but it’ll be worse if you have to start the journey all over again.

[Fischbacher 4]

2 hours ago, Cheschirecat said:

True story.. a friend of mine was in the K1 process with his then fiancé. She came to the US they got married within the 90 days. She decided to leave him and went back to Haiti before AP, She then begged him to come back even though she left before AP. Well,  while she was gone he received her AP and took it to her in Haiti and she came back into the US without issue. 

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