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mikeandkristina

AP question

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Filed: K-1 Visa Country: Canada
Timeline

Hi everyone,

My husband and I have started our I-485 package and are thinking about applying for AP. We are planning on going back to Canada for our honeymoon in July, but I (Kristina) am not sure if we will get approved for AP for that sort of reason. On the I-131 instructions page it says that AP is usually only approved for "humanitarian" reasons (i.e. Death in the family) or business reasons. I'm not sure if our honeymoon will be a good enough reason for USCIS.

Additionally, I just wanted to confirm - if we do get AP and Mike is let back into the U.S. with the document after our trip, will his green card (LPR) application continue to be processed? My biggest fear is that AP will slow his application down or abandon his application altogether. I think I'm just being paranoid about it.

Thanks!
Kristina

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You don't need a reason for AP with the AOS. It's pretty much always granted because they know you can't leave and return without it while your AOS is processing.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
Timeline

Are you saying that your not anticipating being able to leave the country before July!? Yikes. I guess I may have a skewed idea of wait times. We are also planning our honeymoon back to Canada during the summer and plan to get our AOS package(s) finalized over the holidays...

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Filed: Citizen (apr) Country: Canada
Timeline

There's no reason to be worried about it :)

You are allowed to file for advance parole (as well as employment authorization) for free along with your I-485. There is really no reason not to go ahead and do it. On the form, check box 1.d in section 2. Your answers for "date of intended departure", "length of trip", "purpose of travel", and "countries to visit" don't really matter, but answer in accordance with your current upcoming travel plans.

You will be issued a combination Employment Authorization/Advance Parole card that will say "serves as I-551 Advance Parole document" on it. It will include some scary language that says "entry to the US is not guaranteed" etc, etc, but basically as long as your husband doesn't commit any felonies between now and then, there will be no problem :)

Just be sure on your re-entry, that you inform the primary CBP officer that he needs to enter using advance parole. If you are entering by land, they will send you inside the building for secondary; they will just fill out some paperwork and put a "paroled into the US" stamp and new I-94 card inside his passport. This may take an extra 30-60 minutes depending on the time of day, so plan your trip accordingly.

It will not have any effect on the processing of the application. My wife used her AP to re-enter in June, and she received her green card a month later :)

September 2014 - Met

October 2014 - Started dating

May 2015 - Engaged!

July 18, 2015 - Mailed I-129F petition

 

 

July 21, 2015 - Received by USCIS lockbox

July 23, 2015 - Email/Text notification, NOA1 Notice Date - July 27, 2015 - Hardcopy NOA1

August 6, 2015 - NOA2, I-129F petition approved!

August 7, 2015 - Email notification of approval

August 12, 2015 - Hardcopy NOA2

September 3, 2015 - Case # received from NVC, case sent to Montreal

September 15, 2015 - CEAC status updated

September 15, 2015 3:41 PM - Packet 3 sent to consulate pre-emptively

September 15, 2015 3:51 PM - Packet 4 received! Interview scheduled!

November 23, 2015 - Interview - APPROVED!!

November 30, 2015 - CEAC status updated to Issued

December 3, 2015 - Ready for Pickup at Post Office

 

December 9, 2015 - Visa in hand!

January 10, 2016 - POE - Peace Bridge, Buffalo NY

January 23, 2016 - MARRIED! durring a blizzard in Brooklyn :)

February 5, 2016 - Mailed AOS/AP/EAD applications

Spoiler

 

February 15, 2016 - NOA1 texts/emails received - February 25, 2016 - NOA1 hardcopies (Notice Date: Feb 11)

March 9, 2016 - Biometrics

April 18, 2016 - EAD/AP Approved

July 15, 2016 - I-485 Approved! No interview

 

July 29, 2016 - Green card received in mail - Done with USCIS for 1 year 9 months!

April 25, 2018 - Mailed I-751 Removal of Conditions

Spoiler

 

May 18, 2018 - Received NOA1/12mo GC extension

June 20, 2018 - Biometrics

August 6, 2018 - Received 18mo GC extension

April 29, 2019 - Text notification "Card is in production"

May 2, 2019 - "We mailed your new card"

 

May 6, 2019 - 10 year GC received!

November 1, 2019 - N-400 filed online

October 23, 2020 - Oath Ceremony. Our journey is done after 5 years, 3 months and 5 days.

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