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Sidey

travelling on AP whilst AOS pending - VWP?

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hi everyone,

first time poster... but this site has been a great source of information and at times reassurance !

Status - arrived VWP WB ... meant to spend some time with inlaws and transit through to canada for work and then back through back to Australia...

Situation - long story short, wife (USC) decided we are to remain...

Condition - massive headache of epic proportions trying to work situation out.

So, I130 sent in... couldn't file concurrently with I485 because i didn't have any of that documentation with me ...

Received NOA1 for I130... finally got all the paperwork and forms done for the I485 bundle (including I765 EAD and I131 AP) ... lodged 23Dec2014 (made sure to copy the I797 from the I130 along with it, seems they've linked them together fine)

RFE for AOS requested 18Jan2015

RFE returned 25Feb2015

I130 transfered from LIN to NBC (jurisdictional ... i'm guessing to join the I130 and I485 back together) 03Mar15

EAD / AP approved 18Mar2015...card ordered etc.

(AP request was for multiple entry because of work commitments, my employer in Australia, being considerate of my situation and the fact i've been with the company for over 12 years decided to keep me employed, but in my job, i need to be able to travel as required)

So my question is really for reassurance.

Am i correct in believing that the AP allows me to travel without abandoning my AOS already in progress.

And that the AP grants me permission to re-enter (i understand the whole not guaranteed part)

And even though my I94 had expired, my AOS was lodged prior to the expiry so i haven't technically overstayed / out of status? (thus avoiding the dreaded 3 year out rule?)

And lastly, when coming back in, does the AP override the VWP / ESTA i already have or is there a new VWP I94 issued etc.

I've gone through a ton of reading, but though i'm fairly confidant that the above is all ok, i'd appreciate if anyone out there has/had a similar situation and can share any advice.

Thanks kindly all !

ps. me and wife have been married over a decade, with four kids, all of whom already have dual citizenship etc so i don't expect any problems with our marriage being 'of convenience' !

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~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~


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 ! <

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Yes, you will re-enter on AP, not the VWP.


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

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Yes, you may Re-enter on the AP. I have travelled muliple times on my AP and the only issue is when you re-enter USA. The immigration process at the entry point is bit slower because they have to validate your information. It have taking between 15-45 min extra for me, all depending on how busy the airport is, at that moment.

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