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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

Jennymc11
I just have a quick question, mainly because I am curious. I noticed that a lot of people file for AP along with AOS and EAD. I thought AP was only filed for under emergency situations where one needs to leave the country before getting the green card. Am I wrong, or do people just file for it just in case?

And also, once my fiance has his green card, he is free to come and go as he pleases?

Thanks!
Haole
QUOTE(Jennymc11 @ Sep 2 2007, 12:43 PM) *
I just have a quick question, mainly because I am curious. I noticed that a lot of people file for AP along with AOS and EAD. I thought AP was only filed for under emergency situations where one needs to leave the country before getting the green card. Am I wrong, or do people just file for it just in case?

And also, once my fiance has his green card, he is free to come and go as he pleases?

Thanks!
People file for AP as you say. If an emergency pops up they can leave and return. It takes awhile to get AP so it's better to have it in hand.
EAD so they can work.
Once GC is in hand your fiance {Husband} can come and go as he pleases. Not more than 6 months at a time without approval tho]. Can work also!
Filing for both is free now if you file at the same time as you file the AOS. Or after you have the AOS NOA receipt.
LaL
We file for vacations back to my husband's home country as well as preparation for international business travel that comes up from time to time as well as the just in case emergency need. It is not just for emergencies.


ETA: it has been almost 2 years since filing for AOS so had we just wanted to wait to receive the greencard we wouldnt have been able to do the things that needed to be done.
TracyTN
Lal is correct - it is not JUST for emergencies. If the foreign spouse (who entered on a K1) wants to go on an overseas holiday, or back home to visit family, they will need AP.

If they've not yet received their green card, that is.
Big Agnes!
The wording on the highly confusing AP application does make it sound like the AP will only be grated in emergency situations--I think the word "emergent" is used--but, as other posters have mentioned, wishing to visit family or take a vacation are acceptable reasons to apply for AP.

An emergency AP, which is usually issued within a couple of days, and sometimes even the same day, is something else altogether. You've probably read people's experiences of applying for emergency AP, which is generally at the discretion of someone at a local office. These are reserved for applicants with critically ill or dying (or indeed deceased) immediate family members. The burden is on the applicant to provide proof that someone has died or is very ill.

My husband's stated reasons for the regular AP were to visit family and attend a wedding. Both APs (the original and the renewal) were granted.

Good luck!
Jennymc11
Thanks to all for the replies, its cleared things up for me.

I sure hope our AOS doesn't take 2 years though!
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