Applying AP after AOS was already send

[cvaught80 0]

I have a friend that just move here (US) through K1 visa last Feb.09 and send her AOS and EAD last month, she just had biometrics and still need to send additional papers for requirements.She did not apply for Advance Parole .Now she need to go back home(Philippines) for emergency reason(kids).

Questions are

1. Can she send I-131 with the additional papers?

2. Does she need to send I-131 separate with the filing fee?

Thank you very much!

Cathy

[Bobby+Umit 161]

Yes - she can apply for the AP now.

She would need to include the NOA for the AOS.

Read the instructions on the form and it will tell you what you need to do. No fee is needed since you are in the middle of the AOS process.

If it is an emergency - make an INFOPASS appointment and you can probably get it in a day or two (without waiting).

[cvaught80 0]

Yes - she can apply for the AP now.

She would need to include the NOA for the AOS.

Read the instructions on the form and it will tell you what you need to do. No fee is needed since you are in the middle of the AOS process.

If it is an emergency - make an INFOPASS appointment and you can probably get it in a day or two (without waiting).

Thank you very much Bobby_Umit!That really help!

[JeremyR 8]

She would need to include the NOA for the AOS.

A copy of it, that is. Probably goes without saying but for goodness sake, don't send them the original NOA - you won't get it back!

[Gary and Alla 3,694]

I have a friend that just move here (US) through K1 visa last Feb.09 and send her AOS and EAD last month, she just had biometrics and still need to send additional papers for requirements.She did not apply for Advance Parole .Now she need to go back home(Philippines) for emergency reason(kids).

Questions are

1. Can she send I-131 with the additional papers?

2. Does she need to send I-131 separate with the filing fee?

Thank you very much!

Cathy

1. Yes

2. Yes

The waiver of filing fee is if the AP is sent with the AOS, sent separately you must pay the fee. She can apply for an emergency AP at her local USCIS office, but still pay the fee

[BermyCat 1]

The waiver of filing fee is if the AP is sent with the AOS, sent separately you must pay the fee. She can apply for an emergency AP at her local USCIS office, but still pay the fee

This is incorrect. The instructions for the AP application expilicty state that if you submitted an I-485, you only need to include a coy of the NOA to establish that the AOS fee was paid. No additional money is required.

See: I-131 instructions, page 8.

~ Catherine

[Bobby+Umit 161]

The waiver of filing fee is if the AP is sent with the AOS, sent separately you must pay the fee. She can apply for an emergency AP at her local USCIS office, but still pay the fee

This is incorrect. The instructions for the AP application expilicty state that if you submitted an I-485, you only need to include a coy of the NOA to establish that the AOS fee was paid. No additional money is required.

See: I-131 instructions, page 8.

~ Catherine

[Eric-Pris 1,607]

I have a friend that just move here (US) through K1 visa last Feb.09 and send her AOS and EAD last month, she just had biometrics and still need to send additional papers for requirements.She did not apply for Advance Parole .Now she need to go back home(Philippines) for emergency reason(kids).

Questions are

1. Can she send I-131 with the additional papers?

2. Does she need to send I-131 separate with the filing fee?

Thank you very much!

Cathy

1. Yes

2. Yes

The waiver of filing fee is if the AP is sent with the AOS, sent separately you must pay the fee. She can apply for an emergency AP at her local USCIS office, but still pay the fee