Got AP today, but worried...

[Bobby+Umit 161]

So now that everything is as clear as mud, I still am not sure...My wife came in June 08 and we got married in Aug 08 (well within the 90 days) We filed the AOS in mid Feb 09 and she had her fingerprints done March 27th. We filed later because I had to move and I wanted to avoid the change of address problem. So now we are waiting for the AP to take a trip in June or July back to Thailand. So from what everyone is saying is that she should not travel ? I thought with the AOS in the works that a valid AP should be a problem.....Please advise with experience

Question would be - when did the I-94 expire? That is when you start counting "out of status". Being married does not stop the I-94 from counting down. Only by filing the AOS does your status go to "pending".

If it's more than 180 days or more before you filed for the AOS, you could be subject to a ban using the AP. (as seen in the case above, the AP should not of been granted because of the gap between the I-94 expiring and the AOS).

(I-94 = authorized stay. AOS = authorized stay)

I would not recommend using your AP if your have 180 days or more between the I-94 expiration and the AOS NOA.

[^KK^ 3]

No worries...the Green card will be here soonl

[Bobby+Umit 161]

No worries...the Green card will be here soonl

[rebeccajo 14]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

If you have a valid AP, and your husband never aquired 180 days or more of "out of status", you should have no worries of using the AP.

In fact, the AP is for "compelling emergencies" -

Bobby

You are correct in answering Nagi in that based upon her husband's 'timeline' the use of Advance Parole should not be problematic.

But is it clear from the links I provided what the legal definition of a parolee is and what the disadvantages might be of using the document?

*I should add that we were advised by two immigration attorneys that my husband should avoid travel on his AP. His namecheck, however, had gone on far longer than Nagi's husbands*

[er1c 0]

Surprising news!!! We recieved her Welcome Notice in the mail today along with her EAD!!

From what I can tell, she should have her Green Card in less than 3 weeks... This is really odd in that she did not get interviewed. We went straight from Biometrics to AP to EAD to Welcome Notice....

[TinTin and Samby 11]

Surprising news!!! We recieved her Welcome Notice in the mail today along with her EAD!!

From what I can tell, she should have her Green Card in less than 3 weeks... This is really odd in that she did not get interviewed. We went straight from Biometrics to AP to EAD to Welcome Notice....

Hi Er1c, When you have a chance, could you update your timeline with the AOS dates? Thanks!

[Jon&Lindsey 0]

Surprising news!!! We recieved her Welcome Notice in the mail today along with her EAD!!

From what I can tell, she should have her Green Card in less than 3 weeks... This is really odd in that she did not get interviewed. We went straight from Biometrics to AP to EAD to Welcome Notice....

Congrats! Many K1 AOS-er's don't get interviewed, so it's not really odd. You should have your GC very soon

[Bobby+Umit 161]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

If you have a valid AP, and your husband never acquired 180 days or more of "out of status", you should have no worries of using the AP.

In fact, the AP is for "compelling emergencies" -

Bobby

You are correct in answering Nagi in that based upon her husband's 'timeline' the use of Advance Parole should not be problematic.

But is it clear from the links I provided what the legal definition of a parolee is and what the disadvantages might be of using the document?

*I should add that we were advised by two immigration attorneys that my husband should avoid travel on his AP. His namecheck, however, had gone on far longer than Nagi's husbands*

Well - if you have guidance from lawyers about travelling - then you should take that and wait.

But my take on the instructions, if you meet the requirements - have a valid AP - you should not have an issue.

With that said, arrival at the POE - you are still not "guaranteed" entry, as with any visa - you have to be granted the right to come back into the US and be valid to come back in.

If you are really concerned, I would suggest an INFOPASS appointment and talk to them about your paticular case. (get stuff in writing)

Surprising news!!! We recieved her Welcome Notice in the mail today along with her EAD!!

From what I can tell, she should have her Green Card in less than 3 weeks... This is really odd in that she did not get interviewed. We went straight from Biometrics to AP to EAD to Welcome Notice....

congrats

[rebeccajo 14]

I am a bit confused here, as well. My husband's GC is pending while he waits for the background checks to be completed before a decision can be made. However, due to his father's illness and his brother's up and coming back surgery,my husband IS leaving Saturday to return back to Egypt.

At the interview, we were given a piece of paper with the IO's supervisor's name and number on it. To make an infopass at this time is out of the question, so I phoned this man and left a message. My question was about using the AP. The supervisor called me back this morning and said as long as the AP was not expired, my husband could go ahead and use it. He assured me it would be fine. Unfortunately, I cannot get my husband to stay and sweat it out. This is a family emergency. I guess we will just have risk it.

If you have a valid AP, and your husband never acquired 180 days or more of "out of status", you should have no worries of using the AP.

In fact, the AP is for "compelling emergencies" -

Bobby

You are correct in answering Nagi in that based upon her husband's 'timeline' the use of Advance Parole should not be problematic.

But is it clear from the links I provided what the legal definition of a parolee is and what the disadvantages might be of using the document?

*I should add that we were advised by two immigration attorneys that my husband should avoid travel on his AP. His namecheck, however, had gone on far longer than Nagi's husbands*

Well - if you have guidance from lawyers about travelling - then you should take that and wait.

But my take on the instructions, if you meet the requirements - have a valid AP - you should not have an issue.

With that said, arrival at the POE - you are still not "guaranteed" entry, as with any visa - you have to be granted the right to come back into the US and be valid to come back in.

If you are really concerned, I would suggest an INFOPASS appointment and talk to them about your paticular case. (get stuff in writing)

Well, it's not an issue for us any longer. He got the greencard eventually - 17 months eventually.

[griz30 0]

So now that everything is as clear as mud, I still am not sure...My wife came in June 08 and we got married in Aug 08 (well within the 90 days) We filed the AOS in mid Feb 09 and she had her fingerprints done March 27th. We filed later because I had to move and I wanted to avoid the change of address problem. So now we are waiting for the AP to take a trip in June or July back to Thailand. So from what everyone is saying is that she should not travel ? I thought with the AOS in the works that a valid AP should be a problem.....Please advise with experience

Question would be - when did the I-94 expire? That is when you start counting "out of status". Being married does not stop the I-94 from counting down. Only by filing the AOS does your status go to "pending".

If it's more than 180 days or more before you filed for the AOS, you could be subject to a ban using the AP. (as seen in the case above, the AP should not of been granted because of the gap between the I-94 expiring and the AOS).

(I-94 = authorized stay. AOS = authorized stay)

I would not recommend using your AP if your have 180 days or more between the I-94 expiration and the AOS NOA.

I think we are good, her K-1 was to expire in early Sept. and we filed and we recieved her AOS NOA in Late Feb. so that is like 176 days.....

[Krikit 1,163]

I think we are good, her K-1 was to expire in early Sept. and we filed and we recieved her AOS NOA in Late Feb. so that is like 176 days.....

The K-1 expired upon entry. The I-94 is the document to go by.

[Bobby+Umit 161]

I think we are good, her K-1 was to expire in early Sept. and we filed and we recieved her AOS NOA in Late Feb. so that is like 176 days.....

The K-1 expired upon entry. The I-94 is the document to go by.

Ayup

[TinTin and Samby 11]

I think we are good, her K-1 was to expire in early Sept. and we filed and we recieved her AOS NOA in Late Feb. so that is like 176 days.....

The K-1 expired upon entry. The I-94 is the document to go by.

1. Make sure you are counting days from I-94 expiration until AOS NOA. The K-1 Visa dates are meaningless for this purpose.

2. 176 isprettyu close...so triple check your count. Count actual days, not just "months". Even 1 day over, and you're over!

Good luck,

Samby

[Angela & Paul 12]

Since we're on this topic, I have a question.

Angela got her AP documents two days ago June 5. She is traveling to Brazil July 14.

We will have our AOS Green Card interview on June 30... I know, we're not as lucky as many of you who got their GC without going through the interview

Assuming everything goes well on June 30, what happens then? Will she get a stamp in her passport saying she has a Green Card, thus negating the AP authorization and she won't have to take the AP papers with her?

Or travel is not authorized without AP documents until you actually receive the Green Card... which is when? How many days after interview?

Thanks

[JeremyR 8]

If the IO approves you at the interview, tell them you're travelling in the imminent future and ask for an I-551 stamp in her passport (I believe it states 'processed for I-551' with the IO's signature and an expiry of 12 months). You shouldn't have a problem getting this although taking an itinerary showing the dates your wife's name may be sensible evidence to take to the interview with you (if you're both going, you could use it as proof of relationship too ). AFAIK, being approved will invalidate the AP, regardless of whether or not you've actually received the green card.