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NY_BX

To AP or not AP

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Is it really necessary to file for AP if my almost husband is not scheduled to travel anytime soon? Does he need a scheduled trip to file for AP or can he file on a "just-in-case" basis? If he can, what should we write on Part 7? Can he travel with his conditional green card?

I'm a little confused about that.

Thank you

Edited by NY_BX

Don't ever do anything you're not willing to explain the paramedics.

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He can file for just in case. It is routinely approved with the AOS application. AP is a temporary measure in case the GC takes a long time to approve. Once he gets his GC, he no longer needs AP or a work permit - the GC gives the right to work and travel by itself.

AOS used to take years, so these temporary measures made more sense then. Now that AOS takes only a few months, EAD and AP are only "useable" for a month or so before they are made obsolete by the approved GC.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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He can file for free if he does so same time as AOS. He does not need travel plans to do so.

EAD/AP combo card takes about 3 months to get and AOS has been more like 6 months lately. Yours to choose. But I liked knowing that if there was an emergency, I could leave and re enter the U.S.


US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

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Definitely apply for it. You never know when you may need it. And the AoS fees include the AP anyway.


K-1 Timeline:

Oct 06, 2008 - I-129F sent to USCIS

Jul 08, 2009 - Interview at Montreal Consulate

Jul 10, 2009 - US Entry. POE: Buffalo, NY

Jul 15, 2009 - Marriage

AOS Timeline:

July 29, 2009 - AOS, AP, and EAD sent to USCIS

July 30, 2009 - USCIS receives Documents.

Aug 05, 2009 - Received NOA Dated July 31.

Aug 10, 2009 - Biometrics letter. Appointment date: Sep 2nd.

Aug 13, 2009 - AOS transferred to CSC.

Sep 02, 2009 - Biometrics done at Elizabeth, NJ location.

Sep 16, 2009 - Received emails of EAD(Card production Ordered) and AP(Approval notice sent).

Sep 21, 2009 - Received 2nd email of EAD(Card production Ordered)

Sep 22, 2009 - Received AP.

Sep 26, 2009 - Received EAD Card

Oct 19, 2009 - AOS transferred back to NJ.

Nov 05, 2009 - RFE for I-693

Dec 02, 2009 - USCIS receives I-693 vaccination supplement.

Jan 06, 2010 - RFE for Entire I-693 needed since CBP/USCIS loses our documents.

Feb 04, 2010 - I-693 received by USCIS.

Feb 17, 2010 - Green Card in mail!!!

Conditions Timeline:

Nov 17, 2011 - Sent I-751 application to Vermont office.

Nov 22, 2011 - I-751 Receipt Notice/Extension letter sent by USCIS.

Jan 04, 2012 - Biometrics done at Elizabeth, NJ location.

Aug 31, 2012 - GC approved.

Sep 11, 2012 - GC mailed. USCIS says we should receive within 7 days

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He can file for just in case. It is routinely approved with the AOS application. AP is a temporary measure in case the GC takes a long time to approve. Once he gets his GC, he no longer needs AP or a work permit - the GC gives the right to work and travel by itself.

AOS used to take years, so these temporary measures made more sense then. Now that AOS takes only a few months, EAD and AP are only "useable" for a month or so before they are made obsolete by the approved GC.

ok. Thank you. What shold he write in the separate sheet? "I want AP just in case there's an emergency prior to receiving my green card?"


Don't ever do anything you're not willing to explain the paramedics.

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ok. Thank you. What shold he write in the separate sheet? "I want AP just in case there's an emergency prior to receiving my green card?"

You don't do a separate sheet. It's not required if applying for AP with AOS as the process of AOS is what makes you eligible (which it says in the instructions but admittedly isn't very clear).

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