AP for "vacation"?

[gr1ever 0]

Hi all,

I tried to find the answer on the site and forum but couldn't find it, so I decided to make a new post.

My foreign wife entered the US on a K-1 a couple of weeks ago, we got married, and now we're putting together our AOS package. All this time, we knew about the AP document, but we were under the impression that it allows international travel (while the AOS is pending) for any reason. Now that we're actually filling out form I-131 and reading the instructions, it sounds like, strictly speaking, AP only permits travel for appropriate family reasons, health reasons, business, or education.

Basically, we have 2 specific questions:

1) My foreign wife's sister is planning to get married in a few months (back in her home country), and she was banking on being able to attend, using the AP document. In a sense, it is an "urgent humanitarian reason" though arguably not as serious as, say, a death in the family. Do you think it would be acceptable for her to travel to attend her sister's wedding?

2) We would've really liked to go on a honeymoon... If we get the AP, travel to Greece or something, and return, will they grill her/us at the port of entry on what "business" or "urgent humanitarian reason" we had to visit Greece for 1 week?

Generally, I'm trying to get a sense of how strict they are about AP usage and re-entry.

Thanks.

[gr1ever 0]

Also, I just saw the section of the i-131 application that explicitly asks what the intended travel is for.

So, will my wife's application get outright rejected if she truthfully answers "1. Attend sister's wedding, and 2. to go on a honeymoon"?

Thanks.

Nevermind, we just realized that that part (Part 4 of I-131) is only for DACA-applicants, which we are not.

Edited March 27, 2014 by gr1ever

[carton025 38]

Just my opinion, and you can be rest assued that anyone who has better information or experience will quickly step in and correct me, but the sole purpose of the AP is for "any" reason, be it: vacation, urgent reason, etc...that the person "in process" for the AOS or 2-yr GC needs. In other words, if your gal needs to travel before getting her 2-yr GC she will need to apply for AP and just list the a timeframe needed for the AP as a date range, for example January to June, etc...

Best of luck!

[Brit Abroad 166]

I rather think a family member's wedding IS an appropriate family reason.

The whole point of AP is that you can live your life while waiting for the green card, especially when events occur in the spouse's home country.

If your wife doesn't receive her AP document within a week of your planned travel, make an Infopass appointment with your local USCIS office. Take passport and pre-booked tickets.

[aussie_jason 195]

They won't expedite an I-131 due to having booked tickets to a wedding, they will laugh at you (behind your back).

It will take 60-90 days to get the AP from the date they receive your application, longer if you have any RFEs. You don't need to complete the dates of intended travel and can leave that blank.

I would be hesitant to actually plan any overseas travel during AOS as I would hate to go through everything only to have my interview scheduled for when I was planning to be out of the country forcing me to postpone the interview.

[nobbie 105]

Use it, that's what it's for. You may not have an interview so could be hanging about for a year.

[gr1ever 0]

Thanks for all your help