K1 Visa Question - AP or US Passport

[K&JK 0]

Hi All,

I am in the US got married and will be starting my paperwork for AOS/EAD and AP but the question is that instead of applying for a AP can I wait and get my Green Card (conditional) and apply for a US passport to travel on a short trip back home?

Is that possible or do I have to apply for a AP.

Any suggestion would be helpful.

[GabsUSA 19]

Only US Citizens can apply for a US Passport as it is proof of US Citizenship.

You must apply for and receive your AP before you can leave the US.

[sweet cakes 326]

Hi All,

I am in the US got married and will be starting my paperwork for AOS/EAD and AP but the question is that instead of applying for a AP can I wait and get my Green Card (conditional) and apply for a US passport to travel on a short trip back home?

Is that possible or do I have to apply for a AP.

Any suggestion would be helpful.

Congrats on your recent wedding!

You can only apply for a US passport once you become a US citizen. But until then, you need to have an AP document or GC to travel. So if you want to travel outside US soon, you have to apply AP with your AOS.

[Dave&Janiz 3]

AP is optional. You can only travel outside the US once u got your GC. AP is recommended only if there is an emergency case that you need to attend to outside the US while your GC is still under process.
US passport is only for US citizens. But you can still travel with your own passport tho.

[sweet cakes 326]

AP is optional. You can only travel outside the US once u got your GC. AP is recommended only if there is an emergency case that you need to attend to outside the US while your GC is still under process.

US passport is only for US citizens. But you can still travel with your own passport tho.

AP can be used as a re-entry permit to US, even without an overseas emergency. This is what K1s typically use if they opt to visit home or other countries that don't require them a visa before their GC arrives.

However, applying for an expedite on AP approval is a different issue, and this is what requires an emergency proof.

[K&JK 0]

Thanks for all your suggestions, correct me if I am wrong but the Green Card is issues once the conditions is lifted which could take time (about a year or so approx) or would I get my green card after the AOS is processed and the same can be used to travel outside US?

The reason I am asking is that we are planning to travel to India later this year and get married there also.

Thanks for your suggestions as always.

[sweet cakes 326]

Thanks for all your suggestions, correct me if I am wrong but the Green Card is issues once the conditions is lifted which could take time (about a year or so approx) or would I get my green card after the AOS is processed and the same can be used to travel outside US?

The reason I am asking is that we are planning to travel to India later this year and get married there also.

Thanks for your suggestions as always.

Not sure what you mean by lifting of conditions, you might have mixed it with other immigration terms.

As a K-1 visa holder, you need to apply for Adjustment of Status (AOS) after you received your marriage certificate. Once AOS is approved, you will receive the Green Card and which will then make you a Lawful Permanent Resident (LPR). I hope that somehow made it clearer for you.

Do check out the VJ guide for AOS from K1 if you haven't yet: http://www.visajourney.com/content/k1k3aos

-Refer to USCIS site for updated forms.

Since AOS approval processing time may take about 6 months or more from application, it's highly advisable that you apply for EAD & AP, as application for these are waived with AOS. EAD/AP is currently taking about 60-90 days to be processed.

Edited May 28, 2014 by sweet cakes

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Process Forum~

~Inquiry about AOS process, past K-1~

[Dave&Janiz 3]

Thanks for all your suggestions, correct me if I am wrong but the Green Card is issues once the conditions is lifted which could take time (about a year or so approx) or would I get my green card after the AOS is processed and the same can be used to travel outside US?

The reason I am asking is that we are planning to travel to India later this year and get married there also.

Thanks for your suggestions as always.

K1 receives the initial conditional green card if at the time of I-485 approval their marriage is less than two years old. It is valid for 2 years only and will expire if the condition is not removed and the non-citizen spouse will lose his/her lawful permanent resident status.

If you are still married, you and your citizen spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90 days immediately before the expiration date of your conditional green card. Once approved, you'll receive another GC valid for 10 years.

You can travel back to India anytime once you have your initial GC, if you opt not to apply for AP.

[GabsUSA 19]

AP is optional. You can only travel outside the US once u got your GC. AP is recommended only if there is an emergency case that you need to attend to outside the US while your GC is still under process.

US passport is only for US citizens. But you can still travel with your own passport tho.

Not trying to say you are wrong, as your post is correct, but probably should clarify that the AP is only needed if you intend to travel outside of the US before the GC is issued. While it is true that you can travel using your current (Non-US) passport, re-entering the US will be pretty much impossible as your K-1 Visa has already been used. It is my understanding that you also are seen as abandoning your pursuit of residency, effectively cancelling your GC processing.

Edited May 28, 2014 by GabsUSA

[K&JK 0]

Thanks Guys so to summaries once I have my conditional green card as my marriage is not 2 years old during the approval of I-485 the same can be used for traveling outside US and no need for a AP?

Sorry for being a pain guys and thanks again.

[GabsUSA 19]

Thanks Guys so to summaries once I have my conditional green card as my marriage is not 2 years old during the approval of I-485 the same can be used for traveling outside US and no need for a AP?

Sorry for being a pain guys and thanks again.

That is correct, once you have your Conditional Green Card you have no need for the AP. The AP is your temporary authorization to enter the US before you actually receive your residency card (Green Card).

[KayDeeCee 4,892]

Thanks Guys so to summaries once I have my conditional green card as my marriage is not 2 years old during the approval of I-485 the same can be used for traveling outside US and no need for a AP?

Sorry for being a pain guys and thanks again.

Go ahead and file the I-131 for the AP too. The fee for it and the EAD are waived when filed with a pending I-485. The form is short and fairly easy to fill out. You never know if an emergency might come up that would make you need to leave and re-enter while waiting for the green card approval. You use the AP to re-enter the US when traveling abroad while waiting for the green card approval. Once the green card is approved, the AP becomes invalid and is no longer needed.

[Dave&Janiz 3]

Not trying to say you are wrong, as your post is correct, but probably should clarify that the AP is only needed if you intend to travel outside of the US before the GC is issued. While it is true that you can travel using your current (Non-US) passport, re-entering the US will be pretty much impossible as your K-1 Visa has already been used. It is my understanding that you also are seen as abandoning your pursuit of residency, effectively cancelling your GC processing.

My apology for not making it clear.

That is what I meant, that a K1 visa holder is not allowed to travel outside US while the GC is still under process, thus, AP is recommended if he/she intends to travel overseas and plans to re-enter the US while waiting for the GC. Thank you for clarifying

[GabsUSA 19]

Thank you for clarifying

Very welcome. I knew what you meant, but seeing as the OP was looking for complete information I wanted to make sure it was clarified.