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Do i need to apply for AP?

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  • Do i need to apply for AP?

    I realize people on this forum cannot give legal advice, but I was hoping to get some general information from someone who may have gone through this.
    I am married to a US citizen, with my application to remove conditions currently pending (submitted March 2017). My green card expired in April 2017, and I received the letter extending it to March 2018. When this also past and my application still was not processed I went and got a stamp in my passport extending it until next March 2019.

    I have traveled outside of the country on short vacations throughout this process and have had no issues with re-entry. I always bring my marriage certificate, passport, expired green card and receipt notices.

    Now here is the upcoming concern. I have a vacation booked for August for 2 weeks. And then at the end of the year I have just been offered a position in an intl aid organization in Africa. (I don't wish to give details but it is a great opportunity which I would love to take, but I do want to return to the US after).
    The position would be from Dec 2018-2019. I am not sure if I will have my green card by then and regardless I will be leaving the country for a year while my husband remains in the US as he is in dental residency. I am now considering applying for AP so that I can leave for a year but I see a number of possible concerns.

    1- If I apply now then the AP will expire before I plan to get back to the US in 2019. (Will this be an issue?) Is it easy to extend from overseas?
    2- If I apply for AP now and leave the country in August for my vacation while my AP is pending will my AP be considered abandoned therefore useless for Dec?
    3- If I wait until I get back from vacation in August to file for my AP I may not receive it before I plan to leave in Dec, can I leave without having received it?
    4 -Is leaving to work overseas for a year going to look bad in general for AOS?
    5- Any other concerns anyone can foresee?

    I really appreciate any advice or opinions on this matter. I am considering canceling my August vacation and then just applying for AP later on in the year but I would lose a considerable amount of money and not see my family for over a year. I am not sure what is the best course of action.

  • #2
    Originally posted by travelinglady View Post
    I realize people on this forum cannot give legal advice, but I was hoping to get some general information from someone who may have gone through this.
    I am married to a US citizen, with my application to remove conditions currently pending (submitted March 2017). My green card expired in April 2017, and I received the letter extending it to March 2018. When this also past and my application still was not processed I went and got a stamp in my passport extending it until next March 2019.

    I have traveled outside of the country on short vacations throughout this process and have had no issues with re-entry. I always bring my marriage certificate, passport, expired green card and receipt notices.

    Now here is the upcoming concern. I have a vacation booked for August for 2 weeks. And then at the end of the year I have just been offered a position in an intl aid organization in Africa. (I don't wish to give details but it is a great opportunity which I would love to take, but I do want to return to the US after).
    The position would be from Dec 2018-2019. I am not sure if I will have my green card by then and regardless I will be leaving the country for a year while my husband remains in the US as he is in dental residency. I am now considering applying for AP so that I can leave for a year but I see a number of possible concerns.

    1- If I apply now then the AP will expire before I plan to get back to the US in 2019. (Will this be an issue?) Is it easy to extend from overseas?
    2- If I apply for AP now and leave the country in August for my vacation while my AP is pending will my AP be considered abandoned therefore useless for Dec?
    3- If I wait until I get back from vacation in August to file for my AP I may not receive it before I plan to leave in Dec, can I leave without having received it?
    4 -Is leaving to work overseas for a year going to look bad in general for AOS?
    5- Any other concerns anyone can foresee?

    I really appreciate any advice or opinions on this matter. I am considering canceling my August vacation and then just applying for AP later on in the year but I would lose a considerable amount of money and not see my family for over a year. I am not sure what is the best course of action.
    You are a permanent resident, and cannot apply for Advance Parole. Maybe you are thinking of a Re-entry Permit?

    This is my personal opinion and is not to be construed as legal advice.

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