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honeybeme

IS IT RISKY TO USE AP?

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Hi Everyone..

My problem is, Is it risky using AP to travel outside US and come back before it expires?

I haven't got mine yet but I want know if its ok to use AP while my AOS is still pending.

My husband got a new job outside the country and he needs to stay there for a year before he gets back here and he wants me to and our son to be there also, so im worried about this whole thing cuz he can't be here when my interview appointment come.????

Tnx everyone.


AOS TIMELINE BASED ON K1

03/17/2010------ SENT(1-485)(I-131)(I-765)

04/01/2010------ 3NOA(I-485)(I-131)(I-765)

04/30/2010------ NOA FOR BIOMETRICS APPT.

05/24/2010------ BIOMETRICS DONE

05/27/2010------ 1st EAD CARD PRODUCTION ORDERED

05/27/2010------ AP APPROVED

06/01/2010------ RECEIVED AP IN MAIL

06/02/2010------ 2nd EAD CARD PRODUCTION ORDERED

06/07/2010------ "RECEIVED EAD CARD IN MAIL"

06/09/2010------ "NOTICE MAILED WELCOMING NEW PERMANENT RESIDENCE"

06/09/2010------ "CARD PRODUCTION ORDERED"

06/15/2010------ "WELCOME LETTER RECEIVED IN MAIL"

06/21/2010------ "AOS APPROVED-POST DECISION-"

06/24/2010------"GC RECEIVED"

ROC TIMELINE

05/22/2012------ SENT I-751

05/30/2012------ CHECK CASHED

05/31/2012------ NOA in MAIL

05/24/2012------ NOA RECEIPT DATE

07/17/2012------ BIOMETRICS

02/08/2013------ APPROVAL LETTER

02/23/2013------"10 Years GC RECEIVED"

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Filed: Other Timeline

If I understand correctly, you are basically waiting for your Green Card to arrive, but you need to leave the country as soon as possible to live with your husband in another country for about a year?

That's a risky move, to say the least.

Well, regarding your question, if you did not overstay before filing for AOS, you won't have problems when traveling with AP. If you did overstay, you should not travel with AP as the CBP officer can deny you entry based on your overstay regardless of you AP.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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If I understand correctly, you are basically waiting for your Green Card to arrive, but you need to leave the country as soon as possible to live with your husband in another country for about a year?

That's a risky move, to say the least.

Well, regarding your question, if you did not overstay before filing for AOS, you won't have problems when traveling with AP. If you did overstay, you should not travel with AP as the CBP officer can deny you entry based on your overstay regardless of you AP.

Hi Bob, I appreciate your reply..

Yes, im still waiting for my Green Card for now and your right, I need to leave the country cuz of my husband work.

But if I go back here before it expires you think they're gonna give me a hard time coming back?

Im based on K1 and got married before the 90days.


AOS TIMELINE BASED ON K1

03/17/2010------ SENT(1-485)(I-131)(I-765)

04/01/2010------ 3NOA(I-485)(I-131)(I-765)

04/30/2010------ NOA FOR BIOMETRICS APPT.

05/24/2010------ BIOMETRICS DONE

05/27/2010------ 1st EAD CARD PRODUCTION ORDERED

05/27/2010------ AP APPROVED

06/01/2010------ RECEIVED AP IN MAIL

06/02/2010------ 2nd EAD CARD PRODUCTION ORDERED

06/07/2010------ "RECEIVED EAD CARD IN MAIL"

06/09/2010------ "NOTICE MAILED WELCOMING NEW PERMANENT RESIDENCE"

06/09/2010------ "CARD PRODUCTION ORDERED"

06/15/2010------ "WELCOME LETTER RECEIVED IN MAIL"

06/21/2010------ "AOS APPROVED-POST DECISION-"

06/24/2010------"GC RECEIVED"

ROC TIMELINE

05/22/2012------ SENT I-751

05/30/2012------ CHECK CASHED

05/31/2012------ NOA in MAIL

05/24/2012------ NOA RECEIPT DATE

07/17/2012------ BIOMETRICS

02/08/2013------ APPROVAL LETTER

02/23/2013------"10 Years GC RECEIVED"

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Hi Bob, I appreciate your reply..

Yes, im still waiting for my Green Card for now and your right, I need to leave the country cuz of my husband work.

But if I go back here before it expires you think they're gonna give me a hard time coming back?

Im based on K1 and got married before the 90days.

Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Ghana
Timeline

Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.

Bobby+Umit couldn't have said it any better. It is risky leaving at this stage of the process especially if you're planning to be gone for a year. The idea behind a green card is for you to make the U.S your PERMANENT home. You don't want to disregard the meaning of the green card even before you get the card.

A CBP agent will be within their right to deny you entry. Remember it's up to you to prove your ties to the U.S and the officer's job is to point out otherwise. Being away for a year without a greencard in hand makes for a weak arguement. Just relax and leave with the physical card and a re-entry permit as opposed to just AP.

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My understanding is that AP is supposed to be used for short trips only. I'm not sure if there is an actual time limit on those trips, but I would not recommend staying out of the U.S. for many months at a time until you have your Green Card. If you stay out of the U.S. for too long while on AP, the CBP could make a presumption that you have given up your intention to reside permanently in the U.S.


12/31/2009 Married in the U.S. on K-1 visa

01/28/2010 received copy of marriage certificate (what a delay!)

02/01/2010 AOS (I-485/I-765/I-131/I-1145) package sent to USCIS via FedEx (Day 0)

02/02/2010 AOS package received at USCIS confirmed by FedEx (Day 1)

02/08/2010 NOA1 for I-485/I-765/I-131, noting Date of Receipt 02/02/2010 (Day 7)

02/10/2010 Biometrics Letter date, noting appointment on 02/26/2010 (Day 9)

02/23/2010 Notice of Transfer to CSC (Day 22)

02/26/2010 Completed Biometrics Appointment (Day 25)

03/01/2010 I-765 status first available on-line (Touch) (Day 28)

03/03/2010 I-485 status first available on-line (Touch) (Day 30)

04/12/2010 EAD Card Production Ordered (via text message and on-line) (Day 70)

04/12/2010 AP approved and mailed (status shown on-line) (Day 70)

04/17/2010 AP received in mail (Day 75)

04/19/2010 EAD Card received in mail (Day 77)

07/28/2010 AOS Card Production Ordered (via text message and on-line) (Day 177)

08/03/2010 Welcome Letter received in mail (Day 183)

08/06/2010 Green Card received in mail (Day 186)

04/30/2012 Remove Conditions (I-751) sent to USCIS

06/25/2012 Completed Biometrics Appointment

01/30/2013 Card Production Ordered

02/07/2013 Green Card received in mail

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Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.

Hi..I'll have my biometrics this May 24th,(Monday) but my husband was leaving on JUne 6th.

And I guess he won't be here once I get my interview appointment.

But I read some of the applicant didn't go through the interview process once their papers were transferred to CSC and that's what happened to my papers.(Transferred to CSC)

Also me and husband are gonna have our 2 years marriage anniversary this July.

Thanks for reply.


AOS TIMELINE BASED ON K1

03/17/2010------ SENT(1-485)(I-131)(I-765)

04/01/2010------ 3NOA(I-485)(I-131)(I-765)

04/30/2010------ NOA FOR BIOMETRICS APPT.

05/24/2010------ BIOMETRICS DONE

05/27/2010------ 1st EAD CARD PRODUCTION ORDERED

05/27/2010------ AP APPROVED

06/01/2010------ RECEIVED AP IN MAIL

06/02/2010------ 2nd EAD CARD PRODUCTION ORDERED

06/07/2010------ "RECEIVED EAD CARD IN MAIL"

06/09/2010------ "NOTICE MAILED WELCOMING NEW PERMANENT RESIDENCE"

06/09/2010------ "CARD PRODUCTION ORDERED"

06/15/2010------ "WELCOME LETTER RECEIVED IN MAIL"

06/21/2010------ "AOS APPROVED-POST DECISION-"

06/24/2010------"GC RECEIVED"

ROC TIMELINE

05/22/2012------ SENT I-751

05/30/2012------ CHECK CASHED

05/31/2012------ NOA in MAIL

05/24/2012------ NOA RECEIPT DATE

07/17/2012------ BIOMETRICS

02/08/2013------ APPROVAL LETTER

02/23/2013------"10 Years GC RECEIVED"

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Hi..I'll have my biometrics this May 24th,(Monday) but my husband was leaving on JUne 6th.

And I guess he won't be here once I get my interview appointment.

But I read some of the applicant didn't go through the interview process once their papers were transferred to CSC and that's what happened to my papers.(Transferred to CSC)

Also me and husband are gonna have our 2 years marriage anniversary this July.

Thanks for reply.

Hmm, arrived on K1, married within 90 days and waited for over a year to file AOS? Definitely don't use AP, wait for GC to arrive. Here's the thing, If you're approved and get your GC before your anniversary in July, it will be a 2-year card and you will have to remove conditions. If approved after July anniversary, it will be a 10-year card.

Once transferred to CSC, you won't have an interview.

You still need to get a re-entry permit (form I-131) as you plan to be oustide the country for more than a year. You should also look into preserving residence for purposes of naturalization (form N-470).


ROC 2009
Naturalization 2010

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