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ilovethebeach310

EAD and Advance Parole question?

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Hello

One of my husbands best friends is getting married 26th July back in UK. We booked to fly back 15th July, months ago. Now before you say "You should of waited till you had the EAD/AP card before you booked" We both knew the risk and prices were always going to get higher. If worst comes to worst we will just change the flight. According to VJ processing times, at the time of booking the flight (We know its a rough estimate) the average time was 72 days.

This might seem a stupid question but he is kind of desperate to get to this wedding, do you need the combo card to fly or could you just get someone to mail to him while he is there? I'm just spit balling here as he is losing my mind and stressing out. He already had to turn down two jobs because of the length it's taken. I know I still have 7 days till our flight but I'm just thinking worst case scenario. I honestly thought it would of come by now, as I have yet to see it taking longer than 90 days for anyone.

There has been no update online but apparently we are more likely to just randomly receive the combo card in the mail without any notice. He also filled out a case request on USCIS.gov but they said its still in normal processing times.

As of today its been 87 days.... :cry:


K1-Visa Timeline

Sep 18th 2014 - Filed I-129F (Day 1)

Sep 25th 2014 - NOA1 (Day 8)
Oct 18th 2014 - NOA2 (Day 31)
Nov 4th 2014 - NVC received packet (Day 48)

Nov 7th 2014 - Packet left NVC (Day 51)
Nov 12th 2014 - Consulate received packet (Day 56)

Nov 18th 2014 - Packet 3 received (Day 62)
Dec 1st 2014 - Consulate received medical results (Day 72)

Dec 10th 2014 - Packet 4 received (Day 84)

Dec 16th 2014 - Interview - APPROVED!!! (Day 90)
Dec 24th 2014 - Visa received in post (Day 98) 

*No RFE's*

 

February 14th 2015 - Wedding Day 

 

AOS Timeline

Apr 13th 2015 - Sent AOS package (Day 1)

Apr 17th 2015 - AOS email confirmation (Day 5)
Apr 17th 2015 - AOS email confirmation (Day 5)

May 2nd 2015 - Biometrics letter received (Day 20)

May 14th 2015 - Biometrics appointment (Day 32)
Jul 11th 2015 -
EAD/AP was in production (Day 90)

Jul 29th 2015 - EAD/AP was being mailed (Day 108)
Jul 31st 2015 - EAD/AP was received (Day 110)

Sep 25th 2015 - Green Card APPROVED!!! (Day 166)

Sep 28th 2015 - Green Card welcome letter received (Day 169)
Oct 1st 2015 - Green Card Received (Day 172)

*No RFE's*

 

I-751 Timeline

Aug 12th 2017 - Sent I-751 package (Day 1)

Aug 14th 2017 - I-751 Package delivered to USCIS (Day 3)

Aug 17th 2017 - USCIS cashed check (Day 5)

Aug 19th 2017 - NOA letter received (Day 7) 

Sep 11th 2017 - Biometrics letter received (Day 30)

Sep 22nd 2017 - Biometrics Appointment (Day 42)

Mar 5th 2018 - Case was received at my local office (Day 206)

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He needs to have it in hand before he leaves, if he wants to get back in.


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(!).

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From the I-131 form instructions, page 1, section 3, first "NOTE" section: http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf :

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document.

Hopefully it will arrive in time.

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/

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They will know he left July 15 and for example maybe not approved until July 18, so the mailing thing could bite you.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Ahh ok. We made a request to expedite and it said request is completed with a new referral #. Does anyone know what that means?


K1-Visa Timeline

Sep 18th 2014 - Filed I-129F (Day 1)

Sep 25th 2014 - NOA1 (Day 8)
Oct 18th 2014 - NOA2 (Day 31)
Nov 4th 2014 - NVC received packet (Day 48)

Nov 7th 2014 - Packet left NVC (Day 51)
Nov 12th 2014 - Consulate received packet (Day 56)

Nov 18th 2014 - Packet 3 received (Day 62)
Dec 1st 2014 - Consulate received medical results (Day 72)

Dec 10th 2014 - Packet 4 received (Day 84)

Dec 16th 2014 - Interview - APPROVED!!! (Day 90)
Dec 24th 2014 - Visa received in post (Day 98) 

*No RFE's*

 

February 14th 2015 - Wedding Day 

 

AOS Timeline

Apr 13th 2015 - Sent AOS package (Day 1)

Apr 17th 2015 - AOS email confirmation (Day 5)
Apr 17th 2015 - AOS email confirmation (Day 5)

May 2nd 2015 - Biometrics letter received (Day 20)

May 14th 2015 - Biometrics appointment (Day 32)
Jul 11th 2015 -
EAD/AP was in production (Day 90)

Jul 29th 2015 - EAD/AP was being mailed (Day 108)
Jul 31st 2015 - EAD/AP was received (Day 110)

Sep 25th 2015 - Green Card APPROVED!!! (Day 166)

Sep 28th 2015 - Green Card welcome letter received (Day 169)
Oct 1st 2015 - Green Card Received (Day 172)

*No RFE's*

 

I-751 Timeline

Aug 12th 2017 - Sent I-751 package (Day 1)

Aug 14th 2017 - I-751 Package delivered to USCIS (Day 3)

Aug 17th 2017 - USCIS cashed check (Day 5)

Aug 19th 2017 - NOA letter received (Day 7) 

Sep 11th 2017 - Biometrics letter received (Day 30)

Sep 22nd 2017 - Biometrics Appointment (Day 42)

Mar 5th 2018 - Case was received at my local office (Day 206)

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It needs to be approved by the time he leaves, but he doesn't necessarily need to have it on him when he leaves. If he leaves after it's approved and before he gets it in the mail, it can be mailed to him.

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It needs to be approved by the time he leaves, but he doesn't necessarily need to have it on him when he leaves. If he leaves after it's approved and before he gets it in the mail, it can be mailed to him.

That is likely incorrect and tenuous at best. Please review my #3 response and reference.

Edited by Pitaya

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/

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That is likely incorrect and tenuous at best. Please review my #3 response and reference.

It is correct. As long as the AP is issued to you, you have an AP. Whether you have it physically or not when you leave is not knowable.

The wording on forms is not always the most clear. You can see in other places for example on the CBP website:

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.
Edited by newacct

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It is correct. As long as the AP is issued to you, you have an AP. Whether you have it physically or not when you leave is not knowable.

The wording on forms is not always the most clear. You can see in other places for example on the CBP website:

Well, in my opinion, I would rather have the card in my possession prior to leaving the US, than trying to explain to the "friendly" CBP officer at the returning POE how I didn't abandon my AOS, and now have to start all over. I would rather avoid the possibility of that encounter. ;)

Your choice, do you fell lucky?


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/

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Here's my $0.02:

My EAD/AP was set to expire on June 30, 2015. I applied for renewal on May 10 but did not receive the renewed card till July 3rd. The card showed approval date as June 4th. There were 3 days of July when I didn't know what my status was because I did not have card in my hand. If someone had asked me then, I would have been in trouble.

Now, lets say that if I had gone out of US on May 15, 2015, while my renewal application was submitted but I didn't know the status. I would have received my card on July 3rd and have it mailed to me so I could re-enter the country. I don't see how anyone can tell me that I violated the "advanced parole should be approved prior to leaving the country" rule. Same way, if someone left the country while being on valid status, and also entered with a valid AP, there should not be any trouble. BUT why would you take such a big risk?

What if my card had July 2 as the date of renewal? Anyone at POE would have noticed that I went out of status for one day and that would have been big trouble.

Amirite?

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