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Some AP questions

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Filed: Country: Iran
Timeline

Sorry, just realized I posted this in the wrong forum initially!

Hi all. I know many people have asked questions about AP over the years, and going through the threads I see there is a lot of different information out there.

Most of it, however, is anecdotal. I would love to hear from people who have actually been in a similar situation and can tell me what they personally experienced.

By way of background, we came in the U.S. on a fiancee visa, got married and submitted our AOS, EAD and AP forms. They were received on May 3. We got an RFE at the end of May tied to my income (I am the petitioner...I live overseas and just moved back here with my fiancee, who if from Iran, and I hadn't lined up a job yet so I was freelancing. I landed a job shortly after we filed, so I sent in the offer letter and two tax stubs as proof that I can support her). They received our evidence on June 16. So we had about a three-week delay. We have our wedding planned in another country in early September. It was the only time that her family could make it. So it was either that or not have a wedding with her side. This is obviously important, particularly because it would help cement our lifelong bond if our families could meet. She also hasn't seen her family in two years and this is probably her last shot for another few years.

So, here are my questions:

- Does a delay in your AOS also delay your AP application? I know this has been asked before, but I'm wondering if people who have actually had this happen can answer.

- Do the average processing times on this site and on the USCIS Web site include all filings, or just those with no delays? In other words, if it takes 69 days to process AP now, does that include applications that were delayed?

- I'm wondering if the three weeks our AOS, AP and EAD were being processed BEFORE the RFE came through will count toward the total time. In other words, if it takes 69 days on average to process an AP, and they were reviewing it for three weeks before we received the RFE, should we expect it'll take 48 days or so, or does the process essentially begin onthe date they receive the evidence?

- Lastly, can someone who has applied for emergency AP recently - and perhaps in Denver? - give me an idea of their experience? If we don't receive AP in time, we plan to make an InfoPass appointment and request an emerency document under the justification of severe financial loss. We have already paid $5,000 as a deposit for the wedding, and two dozen people have already bought tickets and hotel rooms.

I'm hoping none of this will be an issue, as we applied for AP four months ahead of our travel date. But we're just a bit worried because of the RFE and the fact that we've heard so much conflicting information about Emergency AP.

Thanks ahead of time...

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Filed: Lift. Cond. (pnd) Country: Iran
Timeline

to sum this up,usually AP and EAD get approved way ahead of the greencard,so there is a chance that you will get the AP before the greencard.

as far as your last question goes, judging by the grounds of the defination of emergencies and expedites in USCIS,i dont think you have a good chance of that.

good luck

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Filed: Country: Iran
Timeline

to sum this up,usually AP and EAD get approved way ahead of the greencard,so there is a chance that you will get the AP before the greencard.

as far as your last question goes, judging by the grounds of the defination of emergencies and expedites in USCIS,i dont think you have a good chance of that.

good luck

And that's why all of this is so confusing. What classifies as "a severe financial loss?" Also, we've seen posts by people who were able to get emergency AP because of a relative's wedding. Like everything in this whole process, it seems everything is a ####### shoot.

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Filed: Citizen (apr) Country: Iran
Timeline

Not the same situation as my hubby received his AP and EAD about 3 months after filing then the RFE several months later. He received his green card less than two weeks after they received our response. Usually when they send the RFE they are actively working on your case and when the response is received they will continue where they left off. It's only been a few working days since they received it so I would keep my fingers crossed and keep checking the online case status. If say by the end of July you have heard nothing then an Infopass would be in order. BTW an RFE stops processing at the point it is at so it would stop the EAD/AP processing.

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