Leaving the country before getting AP

hassoon

Registered Users (C)
My wife applied for AP 3 weeks ago, is it OK if they leave the US and when the AP comes I send it to her.

Thanks
 
You are technically not supposed to leave the US if AP is pending and if you plan to use it on return (unless you have an H visa stamp). In practice it may be OK, but its a risk.
 
hassoon,

it will be a risk. what if you cant get her AP before she is due to return? i am in the same boat. i have applied for my AP since May and till now, I have not got my AP yet and I had to cancel my plan to return home for my vacation.
 
Times are bad, please apply your AP while you are in US and get AP in your hands while you are in US and then depart. for AP if RFE who will send the reply? one has to be in US to get AP. Don’t listen to wrong advice, I have also read the post that some one posted few weeks back that it is OK to leave before AP is approved and friend or husband can mail it. Poster had posted his opinion but you have to face any consequences later, read what is on BCIS site or always take the advice of your lawyer.

"guju" Is posting most of the time his opinion based on the opinion of some other posters and does not verify if it is correct info.
 
Ginnu, I never said that that what I say is right or wrong. I say what I read in these posts, isn't that the reson these forms are in the first place - To give your own opinion.

None of the posts, I have ever implied what I said is absolutely right.

People share their opinions, and i didn't see anywhere a requirement to be a "samartass" to join this forum.

If you have a problem with my posts, then you are always welcome to contradict me, I always welcome and appreciate that, but don't try to show that you are the God of immigration law. Try to improve you tone, you are not better than anyone here.
 
IF you are a adjustee then in order to leave the country you should have a valid AP document or your 485 will be abundant and you have to file CP route.
 
its strictly not advisable to leave the US while AP is pending and you dont have H visa. Checkout BCIS website for details.
Not sure, but may be one thing you can do to check your local BCIS district office to see if they process AP in a day and can issu you one if there is some emergency.
 
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About my interviw

Nothing really happens in the interview. The officer said he cannot make a decision because I left the sponsering company before 180 days. He will transfer my case to Nebraska Service Center. I had a lawyer with me, I wish I did not take a lawyer at all, it is just waste of money. He did not say a single word the whole interview, in fact, he wanted to screw me up by telling the officer information against my case, but I stopped him.

My overall feeling is that, the officer did not want to approve my case. At the same time, he is so caucious to deny it, so he will leave it to Nebrashka to make the denial. The officer told me that the case will take few more months, the will not work on it for the coming 3 months to give me the chance to present any more evidence of supporting documents, if I wish, but I don't have any thing to present more. So, I think, my case will take around 6 more months.
 
Hasoon:
Don't let your wife leave the country without the AP.
I thought of doing the same thing, but my husband didn't allow me. Thank God I listened to him.
I ended up re-apply another AP at the local office(Miami), and travelled. A week after I came back. I received a letter from local office, saying that my original AP application was transferred to the local office, and I need to show up in person to get it. I think it is saying somewhere that you shouldn't travel without AP.

If it's urgent, ask your wife to apply another one at the local office, meanwhile show them the receipt from the service center. You have to pay another $80.
I hope it helps.
tt
 
Re: About my interviw

Hi hassoon
Did you have a job when you went for interview. I was thinking that if the 485 is pending for >180 days then it would not matter if people left on either side of the 180 days. Now this throws a different perspective on leaving before 180 days doesn't it.
Did the officer say that if you had left after 180 days, there wouldnt have been a problem.
Maybe you should get consultation on your case to salvage it.
Wish you good luck.

Originally posted by hassoon
Nothing really happens in the interview. The officer said he cannot make a decision because I left the sponsering company before 180 days. He will transfer my case to Nebraska Service Center. I had a lawyer with me, I wish I did not take a lawyer at all, it is just waste of money. He did not say a single word the whole interview, in fact, he wanted to screw me up by telling the officer information against my case, but I stopped him.

My overall feeling is that, the officer did not want to approve my case. At the same time, he is so caucious to deny it, so he will leave it to Nebrashka to make the denial. The officer told me that the case will take few more months, the will not work on it for the coming 3 months to give me the chance to present any more evidence of supporting documents, if I wish, but I don't have any thing to present more. So, I think, my case will take around 6 more months.
 
yes, leaving after 180 days would not be problem

Yes, if I left after 180 days, I think the officer would have approved the case.

I presented a paper that I had a similar job at the time of the interview. He never investigated if the jobs are similar, he only cared that I had a job at the time of the interview.

I am optimestic now because of the new memo that Nebraska might approve the case, but I am sure that they will request more papers to indicate similar job, but I don't have a job now. I will keep looking, I think I will have enough time.

Take care

Hi hassoon
Did you have a job when you went for interview. I was thinking that if the 485 is pending for >180 days then it would not matter if people left on either side of the 180 days. Now this throws a different perspective on leaving before 180 days doesn't it.
Did the officer say that if you had left after 180 days, there wouldnt have been a problem.
Maybe you should get consultation on your case to salvage it.
Wish you good luckg
 
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