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How much time can you spend outside the US having AP?

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Filed: K-1 Visa Country: Ukraine
Timeline

Guys, quick question

How much time you can spend outside the USA having EAD AP card?

Entering the USA without a spouse is a big problem or does not matter? (marriage certificate copy is present)

Any advice as for personal experience entering USA with EAD AP appreciated!

Thanks!


K-1 timeline:

11-07-2013 - I-129F form sent ---> 11-15-2013 - NOA1 - e-mail received, transferred to California Service Center.

11-20-2013 - Alien registration number changed.

11-22-2013 - NOA1 hardcopy (I-797C)

12-13-2013 - NOA2 approval notification ---> 12-20-2013 - NOA2 hardcopy

01-08-2014 - NVC recieved ---->01-09-2014 - NVC left

01-13-2014 - Consulate recieved ----> 01-14-2014 - E-mail from the Consulate

01-16-2014 - NVC letter hardcopy ----> 01-23-2014- Medical done

02-18-2014- Interview (Approved) ----> 02-20-2014- Visa issued ----> 02-24-2014- Visa in hand

03-02-2014- US entry --->03-20-2014 - Social Security Number recieved --->04-24-2014 - Wedding

AOS timeline:

05-13-2014 - AOS package sent ---> 05-21-2014- NOA1 - e-mail received

05-24-2014 - NOA1 hardcopy (I-797C)

06-03-2014 - Biometrics appointment letter (for June 13)

06-12-2014 - USCIS web status for RFE

06-13-2014 - Biometrics done

06-16-2014 - RFE hardcopy in mail ---> 06-18-2014 - RFE answer sent by mail ---> 06-20-2014 - RFE delivered

08-05-2014 - EAD/ AP - APPROVED!!!! ---> 08-13-2014 - EAD/AP card delivered

09-05-2014 - InfoPass due to RFE and SSN (RFE delievered June 23 to NBC).

10-17-2014 - SSN recieved on married name ---> 12-12-2014 - update on USCIS web (RFE received on June 23), the case could not be tracked

02-17-2015 - GC approved (no interview) ---> 02-26-2015 - GC RECEIVED

08-13-2016 - address change via web --->09-13-2016 - Address change via mail (web failed to change correctly) --->10-06-2016 - Address change of sponsor

ROC:

11-21-2016 - package sent to CSC ---> 11-22-2016 - package delivered to CSC ---> 11-25-2016 - check cashed--->11-28-2016- NOA1 (dated 11/22/16) --->12-20-2016 -Biometrics appointment

07-18-2017-address change-> 05-10-2018 - GC Approved

N-400:

02-15-18 - Applied -> 03-09-18 - Bio app-> 04-04-18-interview notice-> 05-09-18-interview->05-10-18 - approved -> 06-07-18 - Oath appt notice -> 06-27-18 - Oath ceremony

 

 

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As the AP is given with a one year expiration, theoretically you can be outside the country as long as it doesn't expire and re-enter. CBP have the discretion to decided if you're allowed re-entry. If they, at their sole discretion, decide you haven't maintained US residency, they need not re-admit you to the USA. If you have had an unlawful presence in the USA, the AP card will not allow you re-entry even if you're out a single day, and it doesn't matter if USCIS issued you one. The longer you stay out of the country, the more likely you'll be questioned as to why you were out of the country, and questioned on what is your true residence. Personally if my wife needed to leave when she only had her AP, I would have started to worry if she needed to be gone more than three months.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: K-1 Visa Country: Ukraine
Timeline

As the AP is given with a one year expiration, theoretically you can be outside the country as long as it doesn't expire and re-enter. CBP have the discretion to decided if you're allowed re-entry. If they, at their sole discretion, decide you haven't maintained US residency, they need not re-admit you to the USA. If you have had an unlawful presence in the USA, the AP card will not allow you re-entry even if you're out a single day, and it doesn't matter if USCIS issued you one. The longer you stay out of the country, the more likely you'll be questioned as to why you were out of the country, and questioned on what is your true residence. Personally if my wife needed to leave when she only had her AP, I would have started to worry if she needed to be gone more than three months.

thanks for the answer. I am back in Ukraine for 5 weeks, cos i needed to change a passport (the old one expires in January). I was never illegally or out of status in the US, do have AP EAD card and marriage certificate to re-enter US. 5 weeks is not a big absence time?


K-1 timeline:

11-07-2013 - I-129F form sent ---> 11-15-2013 - NOA1 - e-mail received, transferred to California Service Center.

11-20-2013 - Alien registration number changed.

11-22-2013 - NOA1 hardcopy (I-797C)

12-13-2013 - NOA2 approval notification ---> 12-20-2013 - NOA2 hardcopy

01-08-2014 - NVC recieved ---->01-09-2014 - NVC left

01-13-2014 - Consulate recieved ----> 01-14-2014 - E-mail from the Consulate

01-16-2014 - NVC letter hardcopy ----> 01-23-2014- Medical done

02-18-2014- Interview (Approved) ----> 02-20-2014- Visa issued ----> 02-24-2014- Visa in hand

03-02-2014- US entry --->03-20-2014 - Social Security Number recieved --->04-24-2014 - Wedding

AOS timeline:

05-13-2014 - AOS package sent ---> 05-21-2014- NOA1 - e-mail received

05-24-2014 - NOA1 hardcopy (I-797C)

06-03-2014 - Biometrics appointment letter (for June 13)

06-12-2014 - USCIS web status for RFE

06-13-2014 - Biometrics done

06-16-2014 - RFE hardcopy in mail ---> 06-18-2014 - RFE answer sent by mail ---> 06-20-2014 - RFE delivered

08-05-2014 - EAD/ AP - APPROVED!!!! ---> 08-13-2014 - EAD/AP card delivered

09-05-2014 - InfoPass due to RFE and SSN (RFE delievered June 23 to NBC).

10-17-2014 - SSN recieved on married name ---> 12-12-2014 - update on USCIS web (RFE received on June 23), the case could not be tracked

02-17-2015 - GC approved (no interview) ---> 02-26-2015 - GC RECEIVED

08-13-2016 - address change via web --->09-13-2016 - Address change via mail (web failed to change correctly) --->10-06-2016 - Address change of sponsor

ROC:

11-21-2016 - package sent to CSC ---> 11-22-2016 - package delivered to CSC ---> 11-25-2016 - check cashed--->11-28-2016- NOA1 (dated 11/22/16) --->12-20-2016 -Biometrics appointment

07-18-2017-address change-> 05-10-2018 - GC Approved

N-400:

02-15-18 - Applied -> 03-09-18 - Bio app-> 04-04-18-interview notice-> 05-09-18-interview->05-10-18 - approved -> 06-07-18 - Oath appt notice -> 06-27-18 - Oath ceremony

 

 

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thanks for the answer. I am back in Ukraine for 5 weeks, cos i needed to change a passport (the old one expires in January). I was never illegally or out of status in the US, do have AP EAD card and marriage certificate to re-enter US. 5 weeks is not a big absence time?

You will be fine at 5 weeks, I wouldn't worry at all. Couldn't you renew your passport at a Ukrainian consulate in the USA? But I'm sure visiting home feels good to.

I only mentioned the unlawful presence in the USA because EAD and AP is pretty much given out without USCIS checking the ability of a petitioner adjusting status to re-enter. And some K-1's go a very long time before applying to adjust status.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: K-1 Visa Country: Ukraine
Timeline

You will be fine at 5 weeks, I wouldn't worry at all. Couldn't you renew your passport at a Ukrainian consulate in the USA? But I'm sure visiting home feels good to.

I only mentioned the unlawful presence in the USA because EAD and AP is pretty much given out without USCIS checking the ability of a petitioner adjusting status to re-enter. And some K-1's go a very long time before applying to adjust status.

Yes I could, but it would take at least 3 months to do it via Consulate, back in Ukraine I expect my passport to be done in 10 days. (Also i wanted to close some bank accounts and other things that i left in the air when went to the USA, so i needed to be physically present in the country to do it).

Thank you for the answers and helpful advice!


K-1 timeline:

11-07-2013 - I-129F form sent ---> 11-15-2013 - NOA1 - e-mail received, transferred to California Service Center.

11-20-2013 - Alien registration number changed.

11-22-2013 - NOA1 hardcopy (I-797C)

12-13-2013 - NOA2 approval notification ---> 12-20-2013 - NOA2 hardcopy

01-08-2014 - NVC recieved ---->01-09-2014 - NVC left

01-13-2014 - Consulate recieved ----> 01-14-2014 - E-mail from the Consulate

01-16-2014 - NVC letter hardcopy ----> 01-23-2014- Medical done

02-18-2014- Interview (Approved) ----> 02-20-2014- Visa issued ----> 02-24-2014- Visa in hand

03-02-2014- US entry --->03-20-2014 - Social Security Number recieved --->04-24-2014 - Wedding

AOS timeline:

05-13-2014 - AOS package sent ---> 05-21-2014- NOA1 - e-mail received

05-24-2014 - NOA1 hardcopy (I-797C)

06-03-2014 - Biometrics appointment letter (for June 13)

06-12-2014 - USCIS web status for RFE

06-13-2014 - Biometrics done

06-16-2014 - RFE hardcopy in mail ---> 06-18-2014 - RFE answer sent by mail ---> 06-20-2014 - RFE delivered

08-05-2014 - EAD/ AP - APPROVED!!!! ---> 08-13-2014 - EAD/AP card delivered

09-05-2014 - InfoPass due to RFE and SSN (RFE delievered June 23 to NBC).

10-17-2014 - SSN recieved on married name ---> 12-12-2014 - update on USCIS web (RFE received on June 23), the case could not be tracked

02-17-2015 - GC approved (no interview) ---> 02-26-2015 - GC RECEIVED

08-13-2016 - address change via web --->09-13-2016 - Address change via mail (web failed to change correctly) --->10-06-2016 - Address change of sponsor

ROC:

11-21-2016 - package sent to CSC ---> 11-22-2016 - package delivered to CSC ---> 11-25-2016 - check cashed--->11-28-2016- NOA1 (dated 11/22/16) --->12-20-2016 -Biometrics appointment

07-18-2017-address change-> 05-10-2018 - GC Approved

N-400:

02-15-18 - Applied -> 03-09-18 - Bio app-> 04-04-18-interview notice-> 05-09-18-interview->05-10-18 - approved -> 06-07-18 - Oath appt notice -> 06-27-18 - Oath ceremony

 

 

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You will be fine at 5 weeks, I wouldn't worry at all. Couldn't you renew your passport at a Ukrainian consulate in the USA? But I'm sure visiting home feels good to.

I only mentioned the unlawful presence in the USA because EAD and AP is pretty much given out without USCIS checking the ability of a petitioner adjusting status to re-enter. And some K-1's go a very long time before applying to adjust status.

In the past I've seen posters reference court decisions that said AP given to someone with overstay wouldn't bar them from re-entry, but that the decision was applied differently by different organizations (CBP versus DHS/USCIS, for example).

Do you have any citations that overstays cannot travel with AP?

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In the past I've seen posters reference court decisions that said AP given to someone with overstay wouldn't bar them from re-entry, but that the decision was applied differently by different organizations (CBP versus DHS/USCIS, for example).

Do you have any citations that overstays cannot travel with AP?

Here's some citations. They can travel, they just may not be allowed back in and trigger the ban if they waited more than 180 days to apply for AOS and their AP card.

http://www.dhs.gov/ombudsman-update-advance-parole-tips

Travel Warning Regarding Unlawful Presence

If you were unlawfully in the United States for certain periods of time and depart the country, you may not be able to return. Read more about unlawful presence.

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure. If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: K-1 Visa Country: Ukraine
Timeline

Hey, USCIS just called. They're looking for you, and need you back in the US. :rolleyes::rolleyes::rolleyes:

hhahahaha very funny ToddB + Vika :) Tell USCIS i will be back soon! Don't joke like that cos people will really think uscis calls people :D


K-1 timeline:

11-07-2013 - I-129F form sent ---> 11-15-2013 - NOA1 - e-mail received, transferred to California Service Center.

11-20-2013 - Alien registration number changed.

11-22-2013 - NOA1 hardcopy (I-797C)

12-13-2013 - NOA2 approval notification ---> 12-20-2013 - NOA2 hardcopy

01-08-2014 - NVC recieved ---->01-09-2014 - NVC left

01-13-2014 - Consulate recieved ----> 01-14-2014 - E-mail from the Consulate

01-16-2014 - NVC letter hardcopy ----> 01-23-2014- Medical done

02-18-2014- Interview (Approved) ----> 02-20-2014- Visa issued ----> 02-24-2014- Visa in hand

03-02-2014- US entry --->03-20-2014 - Social Security Number recieved --->04-24-2014 - Wedding

AOS timeline:

05-13-2014 - AOS package sent ---> 05-21-2014- NOA1 - e-mail received

05-24-2014 - NOA1 hardcopy (I-797C)

06-03-2014 - Biometrics appointment letter (for June 13)

06-12-2014 - USCIS web status for RFE

06-13-2014 - Biometrics done

06-16-2014 - RFE hardcopy in mail ---> 06-18-2014 - RFE answer sent by mail ---> 06-20-2014 - RFE delivered

08-05-2014 - EAD/ AP - APPROVED!!!! ---> 08-13-2014 - EAD/AP card delivered

09-05-2014 - InfoPass due to RFE and SSN (RFE delievered June 23 to NBC).

10-17-2014 - SSN recieved on married name ---> 12-12-2014 - update on USCIS web (RFE received on June 23), the case could not be tracked

02-17-2015 - GC approved (no interview) ---> 02-26-2015 - GC RECEIVED

08-13-2016 - address change via web --->09-13-2016 - Address change via mail (web failed to change correctly) --->10-06-2016 - Address change of sponsor

ROC:

11-21-2016 - package sent to CSC ---> 11-22-2016 - package delivered to CSC ---> 11-25-2016 - check cashed--->11-28-2016- NOA1 (dated 11/22/16) --->12-20-2016 -Biometrics appointment

07-18-2017-address change-> 05-10-2018 - GC Approved

N-400:

02-15-18 - Applied -> 03-09-18 - Bio app-> 04-04-18-interview notice-> 05-09-18-interview->05-10-18 - approved -> 06-07-18 - Oath appt notice -> 06-27-18 - Oath ceremony

 

 

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Filed: K-1 Visa Country: Wales
Timeline

You have no residency to maintain.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: Australia
Timeline

As I understand it, the AP is issued for a maximum of two years. Any stay over that time is considered abandoning your LPR status and could result in denial of re-entry. I have been doing research as my husband and I are considering spending a year or two in his country with his elderly parents to help out. I could be wrong, just what I have found on the USCIS website.

We have considered citizenship as well, then go as it will alleviate many issues. However I am a little concerned about the dual taxation if he maintains dual citizenship.. Every government really wants to have their hands in your wallet... :)


~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

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As I understand it, the AP is issued for a maximum of two years. Any stay over that time is considered abandoning your LPR status and could result in denial of re-entry. I have been doing research as my husband and I are considering spending a year or two in his country with his elderly parents to help out. I could be wrong, just what I have found on the USCIS website.

We have considered citizenship as well, then go as it will alleviate many issues. However I am a little concerned about the dual taxation if he maintains dual citizenship.. Every government really wants to have their hands in your wallet... :)

You're referring to a re-entry permit for a green card holder. The AP holder is not yet a legal permanent resident.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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