thinking of applying for AP

[Dr Mirage 0]

We applied for the AOS and EAD for my wife, but without the AP.

Initially we did not consider applying for AP, but looking at most of the fillers, we noticed many who do file for AP.

Now my wife and I are thinking that we should have filled for it in case my wife's AOS takes more than the usual wait time to get her GC approved.

My question is are there any drawbacks for applying for AP?

I heard from a family member before that you should only apply for AP when its urgently needed.

My wife and I plan to have our church wedding in the Philippines sometime next year in May 2009.

We've already sent our AOS and EAD application and now we're just thinking if we should file for AP.

Thanks.

[Saddle Bronc 124]

Only drawback is that you'll get clobbered for the AP fee, as you didn't include it in the original AOS package.

(IMO, better to apply for it, receive it, and NOT need it than be in a situation of needing it and not having it)

[mybackpages 0]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

[payxibka 10,048]

Only drawback is that you'll get clobbered for the AP fee, as you didn't include it in the original AOS package.

(IMO, better to apply for it, receive it, and NOT need it than be in a situation of needing it and not having it)

They won't get clobbered... All they have to do is provide evidence that the I-485 was filed after the fee increase...

From the instructions:

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

[KC♥MP 0]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

What are the circumstances that can be considered emergency?And how soon can they issue the emergency AP when you apply for one?Thanks

[Eric-Pris 1,607]

Only drawback is that you'll get clobbered for the AP fee, as you didn't include it in the original AOS package.

I don't like to single out a poster, but here's an example of why people should not believe everything they read on public forums; because some people give inaccurate information.

[mybackpages 0]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

What are the circumstances that can be considered emergency?And how soon can they issue the emergency AP when you apply for one?Thanks

From the experiences I have seen here, USCIS use "emergency" in a pretty broad way. But did you see fwaguy's advice above about applying even after sending off the aos packet?

[Carlawarla 1]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

What are the circumstances that can be considered emergency?And how soon can they issue the emergency AP when you apply for one?Thanks

I think normally the emergency situations would be for imminent family members death, or death in the family. Immediate family too I would presume. It's not an emergency if you'd want it for vacation. If there is an emergency, you'd be making an infopass appointment, and bringing proof of thie emergency, which might include a letter from a physician stating the health of the person involved, or a copy of a death certficiate.

[mybackpages 0]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

What are the circumstances that can be considered emergency?And how soon can they issue the emergency AP when you apply for one?Thanks

I think normally the emergency situations would be for imminent family members death, or death in the family. Immediate family too I would presume. It's not an emergency if you'd want it for vacation. If there is an emergency, you'd be making an infopass appointment, and bringing proof of thie emergency, which might include a letter from a physician stating the health of the person involved, or a copy of a death certficiate.

Experiences with Vjers suggest you do not need to show there is an actual emergency in the traditional sense (death, illness etc). some emergency request approved here include- husband traveling for work and wants wife to go along, attending a family event like a wedding etc.

[KC♥MP 0]

You can always apply for AP later if you find the AOS taking too long. Normal processing is 3-4 months, but there is also an emergency AP if you need to travel quickly.

What are the circumstances that can be considered emergency?And how soon can they issue the emergency AP when you apply for one?Thanks

I think normally the emergency situations would be for imminent family members death, or death in the family. Immediate family too I would presume. It's not an emergency if you'd want it for vacation. If there is an emergency, you'd be making an infopass appointment, and bringing proof of thie emergency, which might include a letter from a physician stating the health of the person involved, or a copy of a death certficiate.

Experiences with Vjers suggest you do not need to show there is an actual emergency in the traditional sense (death, illness etc). some emergency request approved here include- husband traveling for work and wants wife to go along, attending a family event like a wedding etc.

Thank you for the replies. I didn't include AP in my AOS application so I just want to know what is my option if in case I need to travel in case of family emergency while my AOS is still pending.