Traveling without AP while application is pending

[Bbz]

Hi everyone! My marriage based green card application is pending and I still haven't received my AP but I have a very important international trip coming up. I've been advised that I should send USCIS a letter to withdraw my application and that I should have no problem returning to the country on my F1 but no one seems to have a definitive answer. Has anyone experienced a similar situation?

Also, when I apply again once I get back to I have to pay the bio fees and do all of that all over again?

Thanks!!!

 

[newacct]

If your nonimmigrant status is not H or L status, and you leave before the AP is approved (you don't have to have it in hand, the date of issue on the AP just has to be before the date you left), you will automatically abandon your Adjustment of Status (I-485) application. You don't need to withdraw it; it will be abandoned.

Anyone can leave the US with no problem any time -- the US has no exit checks.

You cannot use your F1 or other non-H-or-L nonimmigrant visa to return to the US and then do Adjustment of Status again, because those visas require that you not intend to immigrate during that trip to the US at the time you enter, and you are precisely intending to immigrate during the trip. You can only do Consular Processing outside the US.

It's possible to expedite AP or get emergency AP if you have an emergency situation like a relative is seriously sick.