apply for AP?

[hübsches Mädchen 0]

hi vjers

well, i wanna ask about the ap. my husband is still waiting for his tex return from his accountant. it has been a month now that we were waiting for it. but we just heard from him that he's still working on it.

now, i need to go back to my country since i need to get my school documents so i can work here.

the question is, is it possible for me and my son to apply for AP even without AOS application yet? will it be a problem for me to use the AP without AOS application? i will need to stay in my country like 4-5months. will it be a problem?

hope you can enlighten me.

thanks

[VanessaTony 3,567]

If you are the immigrant then NO you cannot leave until you have filed AOS and have the AP in your hand. You cannot file for AP until you have filed AOS.

I would personally mail in the AOS application now. Even though you don't have the tax info right now, you will get an RFE for it but at least once you have the AOS receipt etc you can make an infopass appointment to get an expidited AP. That said, you will probably be called back pretty soon thereafter for biometrics and also for an interview.

As getting your school documents isn't urgent, and as you can't work until you get the GC or EAD, I would wait until you have filed the AOS stuff, and until you've at LEAST had your biometrics appointment and be prepared to head back once you get the interview. it's possible to change it but VERY risky.

Good luck with your decision.

Edited May 19, 2010 by Vanessa&Tony

[JimVaPhuong 4,864]

If you entered with a K1 visa then you must wait until you get the AP, which you can't apply for until you apply for AOS.

If you entered with a K3 visa, then your visa is good for multiple entries up to two years. You don't need an AP to leave.

[VanessaTony 3,567]

If you entered with a K1 visa then you must wait until you get the AP, which you can't apply for until you apply for AOS.

If you entered with a K3 visa, then your visa is good for multiple entries up to two years. You don't need an AP to leave.

Given her previous posts she's here on a K1. That said Please update your timeline so others can benefit from your experience. The timeline function is up the top called "immigration timelines".