Do I need to apply for Advance Parole I-131?

[efc 1]

Hello Everyone,

I have some questions about the I-131 Advance Parole document.

I recently filed my I-485 Adjustment of Status, but at the time did not do the advance parole as we couldnt afford it.

Can I still file it even though the AOS has already started the process?

I am confused as on the uscis instructions it says you do not need to file if you are a K3 holder and if you have an AOS pending. And then I read somewhere that the $360 fee is waived if you have an AOS pending.

So...should I just mail in the form without any payment to them now???

Thank you in advance for clarification...

[Inky 1,110]

If you mailed it WITH your AOS, its free.

You didn't so you need your NOA1 from your AOS and put a copy of that with the AP petition. Otherwise they will charge you for it.

[VanessaTony 3,567]

Hello Everyone,

I have some questions about the I-131 Advance Parole document.

I recently filed my I-485 Adjustment of Status, but at the time did not do the advance parole as we couldnt afford it.

Can I still file it even though the AOS has already started the process?

I am confused as on the uscis instructions it says you do not need to file if you are a K3 holder and if you have an AOS pending. And then I read somewhere that the $360 fee is waived if you have an AOS pending.

So...should I just mail in the form without any payment to them now???

Thank you in advance for clarification...

Your profile says you are K1, yet you mention K3 in your post.. which is it? Are you K1 or K3?

If you are a K3, correct, you don't need AP to return to the US while AOS is pending.

If you are K1, you do need it if you need to leave the US while AOS is pending (well actually you can LEAVE whenever you want, you just can't come back in), otherwise you are deemed to have abandoned AOS.

In either event, when filing AOS, the EAD and AP fees are waived if you file them at the same time OR after the AOS is filed (but before it's approved).

If you want to send the AP and EAD stuff now, you would send both with a copy of your AOS NOA1 to prove that you do not need to pay the fee.

Edited November 29, 2010 by Vanessa&Tony

[efc 1]

ok thanks, that makes more sense now.

What happens if you get AP but dont ever use it, is that ok?

[TBoneTX 43,424]

What happens if you get AP but dont ever use it, is that ok?

Not a thing happens. You can frame the approved AP document and hang it on your wall, or light a cigar with it as a parlor trick.