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Did I make a big mistake by booking my flight before getting AP?

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  • Did I make a big mistake by booking my flight before getting AP?

    USCIS received my application on 3/6 and I just got RFE to I485 on online update yesterday. I bought my and my US citizen husband's ticket to Taiwan on May 18th before filing, but now I'm afraid I made a huge mistake. I stated my intended departure date and attached a copy of our tickets, does that help if my I-485 has no problem after submit RFE? What if I don't receive it 2 weeks before departure? What should I do? I'm totally freaking out..

  • #2
    Originally posted by Sharon Yu-Hsuan Wu View Post
    USCIS received my application on 3/6 and I just got RFE to I485 on online update yesterday. I bought my and my US citizen husband's ticket to Taiwan on May 18th before filing, but now I'm afraid I made a huge mistake. I stated my intended departure date and attached a copy of our tickets, does that help if my I-485 has no problem after submit RFE? What if I don't receive it 2 weeks before departure? What should I do? I'm totally freaking out..
    You shouldn't have booked the ticket before to be honest. Processing times vary and some take months to processed. Did you buy flight insurance?
    After you submit RFE, you can't assume your I-485 has no problem because no one knows. It might take longer now because there was extra time on them sending you RFE, then you submit it and they have to look at it and keep considering your case.
    If you don't receive it 2 weeks before departure, I would suggest not flying. If you have flight insurance, then use it. Do not , in any circumstance, leave without an AP. Leaving without AP will make your application turn into " Abandoned" status.
    What are you going to Taiwan for? vacation? family members being very sick? funeral? If it's funeral or a loved one is very sick, you can request Emergency AP. Look around to see what you need to do for Emergency AP

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    • #3
      There's not one answer to this, but you may be ok

      Originally posted by Sharon Yu-Hsuan Wu View Post
      USCIS received my application on 3/6 and I just got RFE to I485 on online update yesterday. I bought my and my US citizen husband's ticket to Taiwan on May 18th before filing, but now I'm afraid I made a huge mistake. I stated my intended departure date and attached a copy of our tickets, does that help if my I-485 has no problem after submit RFE? What if I don't receive it 2 weeks before departure? What should I do? I'm totally freaking out..
      Ok, EAD/AP typically takes 90 days to process and it should be related to your I-765(EAD) and I-131 (AP) processes. Your I-485 is a separate process, each of the 3 has a different tracking number. Can you confirm your RFE was related to the I-485 process? If so MAYBE your EAD/AP will not be affected by it however consider it will likely take at least the 90 days so that would mean your EAD/AP should be done around 6/4 (approximate) so your travel date of 5/18 may be tight.
      Another ting to consider, and I would absolutely double check with a immigration attorney, is what is your current status, are you on H1B/H4 J1?? I think in that case you may still travel under your current VISA unless your I-485 is approved before your travel, once I-485 is approved my understanding is you lose your previous status and need to have either the AP, Green Card or green card stamp on your passport.

      My personal experience as a H1B I traveled abroad while I-485 was processing and was able to return under H1B without prejudice, my GC has recently been approved.

      Again, check with an attorney, but if you feel the risk is too high you may want to bite the cost you already paid and not travel.

      Best of luck!!

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      • #4
        I agreed

        You should of waited hopefully you can it before but if not you will have to cancel the the tics sometimes it can take extra time to get AP & the AP has to be approve first you wont get GC for another few months. Its not guaranteed they will approve AP even though the others are each form has it's own department and does has anything to do with the other.

        Good luck

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