Travel withou AP yet approved

GuillermoOZ

Registered Users (C)
Has anybody done something like that?
They have my application in Vermont since Oct 1st, 2004. The USCIS website says they are already working on the ones received on Oct 15th. I learned through the representative of a congresswoman that they needed me to send new pictures. I overnited them the pix and I know they have them now. I am traveling on Nov 15th, and still have no news.
Would there be a problem if the AP is approved after I leave and somebody sends them to me abroad thru Fedex? Will they know upon re-entry that I left before approval?
Thanks for your advise. I have a wedding on the 18th, and does not seem to be a good emergency excuse, although for us it really is.

Thanks and regards,

G
 
GuillermoOZ said:
Has anybody done something like that?
They have my application in Vermont since Oct 1st, 2004. The USCIS website says they are already working on the ones received on Oct 15th. I learned through the representative of a congresswoman that they needed me to send new pictures. I overnited them the pix and I know they have them now. I am traveling on Nov 15th, and still have no news.
Would there be a problem if the AP is approved after I leave and somebody sends them to me abroad thru Fedex?
-- problem
Will they know upon re-entry that I left before approval?
-yes
Thanks for your advise. I have a wedding on the 18th, and does not seem to be a good emergency excuse, although for us it really is.
--dont go out before approved AP is in hand
Thanks and regards,

G
 
GuillermoOZ said:
Has anybody done something like that?
They have my application in Vermont since Oct 1st, 2004. The USCIS website says they are already working on the ones received on Oct 15th. I learned through the representative of a congresswoman that they needed me to send new pictures. I overnited them the pix and I know they have them now. I am traveling on Nov 15th, and still have no news.
Would there be a problem if the AP is approved after I leave and somebody sends them to me abroad thru Fedex? Will they know upon re-entry that I left before approval?
Thanks for your advise. I have a wedding on the 18th, and does not seem to be a good emergency excuse, although for us it really is.

Thanks and regards,

G
Depends on your situation....

If you are maintaining non-immigrant status (H/L), you can re-enter by showing a valid H/L visa stamp and the 485 receipt notice.
If you have H/L status but no visa stamp, you can get one when you are abroad and then re-enter based on that.

You'll only need AP, if you don't have non-immig status .. in that case don't even try leaving w/o AP -- you'll be in big trouble and your 485 can be considered ABANDONED.

Your other trouble is if you are expecting approval on your 485 .. in that case you need AP irrespective of whether you have another visa stamp or not.
 
max2k1 said:
Depends on your situation....

If you are maintaining non-immigrant status (H/L), you can re-enter by showing a valid H/L visa stamp and the 485 receipt notice.
--- if he has valid H1 or L visa stamp when he enters then POE officer is not going to ask I-485 filing reciept
If you have H/L status but no visa stamp, you can get one when you are abroad and then re-enter based on that.
---and it may take time for VISA stamping depends on your past history, many try to use AP becase many face delay in visa stamp
You'll only need AP, if you don't have non-immig status .. in that case don't even try leaving w/o AP -- you'll be in big trouble and your 485 can be considered ABANDONED.

Your other trouble is if you are expecting approval on your 485 .. in that case you need AP irrespective of whether you have another visa stamp or not.
 
That may be your experience ... from what I've heard if you are traveling on H/L while your AOS is pending, you need to carry the 485 receipt.
Some lawyers even ask you to carry the ORIGINAL 485 receipt - I have no idea why.

Was giving the OP some options .... in my experience its better to take it than not
 
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