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

bradcanuck
I am waiting for my AOS to come through. Going to go infopass thursday for emergency AP however I did just have a ding in my brain.

If I am AOS, do I actually get a "greencard" in the mail when we pass the interview? If that's the case am I not on a 2 year "probation" period as a temporary resident or am I? If I am actually a permanent resident can I not re-enter the US any time I want with a GC? So technically if time was on our side we could wait for AOS approval and THEN travel without the need to spend $350 on AP papers and the infopass appointment?

Or am I just making the rules up as I go along now? blink.gif unsure.gif

Thanks
*Marilyn*
there is no such thing as a probational green card....

if you have been married for less then 2 years at the time of your interview, you will get a conditional green card that expires in 2 years but it has all the benefits of a 10 year green card... you will have to remove the conditions in 2 years and then you will receive a 10 year card.....

if you have been married for over 2 years you will get a 10 year green card...

the only reason it is good to apply for AP is that you don't know when you might get your interview and your green card.. etc.. and you might need to leave the country before then....
whisper2me
Correct me I'm wrong but I thought there was no fee for AP if you submitted your application for AOS after a certain date. Thats what I understood from the fees explanation on the www.uscis.gov website...
ausqueen
QUOTE(whisper2me @ Oct 17 2007, 12:16 AM) *
Correct me I'm wrong but I thought there was no fee for AP if you submitted your application for AOS after a certain date. Thats what I understood from the fees explanation on the www.uscis.gov website...


There is no fee for AP (or EAD!) if you filed AOS after fee increase. That goes for filing at the same time or filing for AP and/or EAD after you receive NOA 1 for AOS.
From the signature, bradcanuck filed for AOS in July before fee change so I guess AP fee applies.
bradcanuck
So once we are approved AOS I won't need any authorization to travel? I can leave the country unconditionally and come back?

Yes, there would be a fee for me. I filed (received) July 5th.
omeysgirl
QUOTE(ausqueen @ Oct 17 2007, 12:44 PM) *
QUOTE(whisper2me @ Oct 17 2007, 12:16 AM) *
Correct me I'm wrong but I thought there was no fee for AP if you submitted your application for AOS after a certain date. Thats what I understood from the fees explanation on the www.uscis.gov website...


There is no fee for AP (or EAD!) if you filed AOS after fee increase. That goes for filing at the same time or filing for AP and/or EAD after you receive NOA 1 for AOS.
From the signature, bradcanuck filed for AOS in July before fee change so I guess AP fee applies.

Im so confused, can someone explain?
Kez/JWolf
QUOTE(omeysgirl @ Oct 17 2007, 02:25 PM) *
QUOTE(ausqueen @ Oct 17 2007, 12:44 PM) *
QUOTE(whisper2me @ Oct 17 2007, 12:16 AM) *
Correct me I'm wrong but I thought there was no fee for AP if you submitted your application for AOS after a certain date. Thats what I understood from the fees explanation on the www.uscis.gov website...


There is no fee for AP (or EAD!) if you filed AOS after fee increase. That goes for filing at the same time or filing for AP and/or EAD after you receive NOA 1 for AOS.
From the signature, bradcanuck filed for AOS in July before fee change so I guess AP fee applies.

Im so confused, can someone explain?


If you filed for your AOS before July 30th 2007 then you have to pay a seperate fee for AP and EAD..... as well as the fee for AOS..

If you filed for AOS after July 30th and you paid the New fee $1010.00 the the cost of AP and EAD is included.... you can file for the AP and EAD along with the AOS or you can file for them after you have recieved the NOA1....


Kez
cutiebanker
QUOTE(bradcanuck @ Oct 17 2007, 02:20 PM) *
So once we are approved AOS I won't need any authorization to travel? I can leave the country unconditionally and come back?

Yes, there would be a fee for me. I filed (received) July 5th.



you HAVE to wait until you get conditional green card to travel which expires in 2 years. but remember to file petition to remove conditional status 90 days prior to expiration. if you need to travel urgently, you'd better apply for AP. btw, correct me if i'm wrong--i heard conditional green card looks like a passport. is that right? i'm not sure cuz i just filed my application.
Carlawarla
QUOTE(bradcanuck @ Oct 17 2007, 01:20 PM) *
So once we are approved AOS I won't need any authorization to travel? I can leave the country unconditionally and come back?

Yes, there would be a fee for me. I filed (received) July 5th.



QUOTE(cutiebanker @ Oct 17 2007, 01:36 PM) *
QUOTE(bradcanuck @ Oct 17 2007, 02:20 PM) *
So once we are approved AOS I won't need any authorization to travel? I can leave the country unconditionally and come back?

Yes, there would be a fee for me. I filed (received) July 5th.



you HAVE to wait until you get conditional green card to travel which expires in 2 years. but remember to file petition to remove conditional status 90 days prior to expiration. if you need to travel urgently, you'd better apply for AP. btw, correct me if i'm wrong--i heard conditional green card looks like a passport. is that right? i'm not sure cuz i just filed my application.


It's not just about approval brad, it's having the actual GC in hand. You need to show that with your passport when returning to the US. Sometimes cards can take up to 60 days to arrive. Mine arrived in 6 days. As well, if you have an interview, you could ask for a stamp. I got one in my passport, and it would allow me to travel back to Canada until I get my GC in the mail. She had actually asked me if I applied for AP, and I said no, so she gave me the stamp which was really nice.

No, the GC is a card, looks like a credit card. You're to carry it with you at all times, in your wallet I guess. And it's not green! haha

Carla rose.gif
motu
QUOTE
So once we are approved AOS I won't need any authorization to travel? I can leave the country unconditionally and come back?

After you are approved for AOS - you will need to actually have the greencard in your hand (can be as fast as in 2 weeks) or get a stamp in your passport to travel - you don't need AP if you have the green card or the stamp. We didn't waste the money for AP either - just waited for the greencard and are traveling happily on it (to Mexico, Panama and India so far! laughing.gif ) Good Luck
Big Agnes!
That's a tough decision, made tougher by the fact that AP now costs $305 (it was $170 before the fee increase). As others have said, there's no difference between the conditional green card and the 10-year green card in terms of its validity for international travel. It's really up to you whether you want to sit tight and hope that you have your GC in hand soon. Most people have their cards within a couple of weeks of their interviews, but an unfortunate few (my husband, for example) are stuck in FBI name check for an indefinite period. Unfortunately, most people don't make this unfortunate discovery until the AOS interview. I see from your timeline that you don't have an interview date yet. Is that right?

This is not to scare you--only a small percentage of applicants get stuck in the name check quagmire--but it is possible, and you may be left without the ability to travel for a while yet if you elect not to apply for AP soon. Even though it's encouraging to see people getting their cards four months after applying, there's no guarantee that the same will happen to you. (USCIS is nothing if not unpredictable!)

As you've probably gathered, if you apply for AP, spend the $305, and then get your green card a week later, you can't seek a refund even though the AP is not needed at that point.

StoryAngel
I'm confused. Niagaenola says "If you filed for AOS after July 30th and you paid the New fee $1010.00 the the cost of AP and EAD is included.... you can file for the AP and EAD along with the AOS or you can file for them after you have recieved the NOA1...." then AOS Despair says AP costs $305....

If you file for AOS, do you, or do you not, have to pay for separately AP?
KansasDragon
QUOTE(StoryAngel @ Oct 20 2007, 05:56 AM) *
I'm confused. Niagaenola says "If you filed for AOS after July 30th and you paid the New fee $1010.00 the the cost of AP and EAD is included.... you can file for the AP and EAD along with the AOS or you can file for them after you have recieved the NOA1...." then AOS Despair says AP costs $305....

If you file for AOS, do you, or do you not, have to pay for separately AP?


StoryAngel, Sinice you are still in the process of getting your visa, you will be paying the $1010.00 for the AOS. Since you will be paying the $1010.00, you can file for your AP and EAD for no additional charge.

People who have already arrived in the USA, and already filed for their AOS, back in July or before, paid a much lower fee for their AOS, and the AP and EAD were separate fees.

You just need to plan for paying the single fee of $1010.
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