Jump to content
Missjadey

Can i apply for AP?

17 posts in this topic

Recommended Posts

After going through the K1 process and getting married, and allll the required paperwork..I have recieved my EAD but didn't apply for AP at the same time, so my EAD says "Can not be used for reentry to the US" on the bottom, I would now like to apply for advanced parol so that I may go visit my family and friends in Canada (I currently live in a US town that is 45 min from where i previously lived in Canada).

When i read the application instructions for Form I-131 it keeps saying I cannot apply unless going for emergency business, family emergencys or humanitarian reasons. It very plainly states that vacation is not a valid reason. What am i missing? Do i have to wait until i recieve my green card? Is there something else i should be applying for? It also seems to me that this is a "one time use" type document. It costs 360 + 85 for biometrics which seems crazy high, especially since ive done biometrics twice already and it's in a city 2.5 hours from here.

I'm just mostly frusterated because they said on NOv 20th they would schedual my green card interview within 90 days and i didn't recieve any communication so I called them today, and they said it would probably be at least another 90 days because the processing office was behind. I was happy waiting for this to be done and to recieve my green card before going back to canada but it's taking much much longer than i expected, I don't want to miss my neices birthday =(

any help or advice would be really great right now.

Share this post


Link to post
Share on other sites

This is usually filed at the same time as the I-485. However, because you already filed the I-485 and paid the associated fee, it may be possible to file the I-131 without having to pay a fee. Do you have an NOA1 from the I-485 filing? If so, make a photocopy of it and include it with the I-131 filing.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Thank you! I'll look into the fee's again, but the other things i mentioned (like if i can even apply without having an emergency situation etc) Vacation is not a reason... is more on my mind. I don't understand how people apply for this with their other form when it clearly states its for emergencies and not vacation? Am i looking at the wrong form? How can i just go visit my family and friends without abandoning my greencard paperwork?

Share this post


Link to post
Share on other sites

You can apply for the AP but will have to pay the fee.

Wrong.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

No, you're wrong. Please don't make me have to dig through the instructions to quote them and prove it.

There is no fee for either AP or an EAD when filed concurrently with or after an I-485.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

You misread the requirements. There is a long and tortuous thread on this somewhere.

Not sure what you can do now, it would be another 3 months, might have GC by then.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Wrong.

Hypnos is correct. :thumbs:

Here is the USCIS I-485 link, read toward the end of the page: http://www.uscis.gov/i-485

If that won't satisfy you, suggest that you review some recent forum threads for folks that have followed that very procedure.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Correct.

No, you are not correct. You were wrong. There is no fee to pay. The fee is waived with a pending I-485. That means that you either file the I-131 at the same time as the I-485, or file the I-131 after you have filed the I-485 and it is still pending. The I-131 instructions state to include a copy of the receipt notice from filing the I-485. http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.

Quoted from the link A&B posted above.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

You misread the requirements. There is a long and tortuous thread on this somewhere.

Boiler might be talking about the seeming "emergency use only" requirement of AP. This was exhaustively discussed and was debunked here not long ago. You can use AP for any travel purpose.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Boiler might be talking about the seeming "emergency use only" requirement of AP. This was exhaustively discussed and was debunked here not long ago. You can use AP for any travel purpose.

Here is the thread > http://www.visajourney.com/forums/topic/533695-i-131-travel-authorization-strange-sounding-rules/


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

After going through the K1 process and getting married, and allll the required paperwork..I have recieved my EAD but didn't apply for AP at the same time, so my EAD says "Can not be used for reentry to the US" on the bottom, I would now like to apply for advanced parol so that I may go visit my family and friends in Canada (I currently live in a US town that is 45 min from where i previously lived in Canada).

When i read the application instructions for Form I-131 it keeps saying I cannot apply unless going for emergency business, family emergencys or humanitarian reasons. It very plainly states that vacation is not a valid reason. What am i missing? Do i have to wait until i recieve my green card? Is there something else i should be applying for? It also seems to me that this is a "one time use" type document. It costs 360 + 85 for biometrics which seems crazy high, especially since ive done biometrics twice already and it's in a city 2.5 hours from here.

I'm just mostly frusterated because they said on NOv 20th they would schedual my green card interview within 90 days and i didn't recieve any communication so I called them today, and they said it would probably be at least another 90 days because the processing office was behind. I was happy waiting for this to be done and to recieve my green card before going back to canada but it's taking much much longer than i expected, I don't want to miss my neices birthday =(

any help or advice would be really great right now.

this is a textbook case as to why one should apply for AP even though they think they may not need it.

Share this post


Link to post
Share on other sites

My husband applied for AP 5-6 months after sending in I-485 because we mistakenly thought we would not need it. There was no additional fee, just made a copy of I -797 showing he had a pending application and a copy of his passport ID. We even stated on the application his reason for returning to Ireland was to visit his son. They approved it within a month. We weren't exactly sure of the dates we would travel so we just put the first of March. We heave not used it yet tho.

My husband applied for AP 5-6 months after sending in I-485 because we mistakenly thought we would not need it. There was no additional fee, just made a copy of I -797 showing he had a pending application and a copy of his passport ID. We even stated on the application his reason for returning to Ireland was to visit his son. They approved it within a month. We weren't exactly sure of the dates we would travel so we just put the first of March. We heave not used it yet tho.

Share this post


Link to post
Share on other sites

You can apply for the AP but will have to pay the fee. When applying with AOS you don't need to give a reason but since you're applying afterwards I'm not sure.... I would guess it's the same though.

Why would you give advice like this?

State that the OP "will have to pay the fee," then modify it with an "I'm not sure," and "I would guess?"

If you don't know the answer, then don't give out bad advice. Especially stating someone must do something and then covering yourself with not sure and guess.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×