Expediting AP for Financial Loss?

[zeilend 1]

So we aren't at the AOS process quite yet (fiancee moving in early March, current plans to get married on April 1), but we're already coming across worries regarding AP.

 

Her company is withholding her 2016 bonus (a few thousand dollars) unless she returns to Canada for a week in mid-April to help reintegrate a coworker who is on maternity leave. They are being a bit terrible about the situation, but the bonus will be key for us to have while she's unable to work here, due to the various expenses that we're incurring throughout this process.

 

1. Does that constitute "financial loss"?

2. Is it admissible under the limitations of working in the US while awaiting EAD? (even if it's for prior payment)

3. Even if we can submit AOS papers on April 2, is it even possible to get things expedited that quickly?

 

If anyone can provide any help or insight as to how to approach this situation, it would be hugely appreciated, even if it's just ways to deal with her company. This is weird and kind of stupid, but I figure it's better to ask than to not ask  

[Transborderwife 4,666]

No, I don't believe it's possible to have it done that quickly.  If she's that eager for the bonus she'd be better off completing the job and then moving here.

[Unlockable 7,315]

It will be best to just wait until she is done with her work in April and come after then. Even the expedite (if approved) will take some time. Also, it is dependent on your timing of events. If you get married April 1st, even if you send the AOS/AP/EAD packet the day after it will take about a week before you get a notice that they received the AOS. AP/EAD takes about 90 days and an expedite will also take a couple of weeks.  

 

Look at my timeline. My wife filed for AOS/EAD/AP in March and did not get her EAD/AP until end of May.

 

Based on your timeline of events it is almost guaranteed that an expedite will not come as fast as you want.

 

Now here comes the issue with asking for expedite with your situation. You will have to prove financial hardship because you fiance must return soon after arriving in the US. If you knew that she had to return for previous commitments why didn't you make arrangements for her to come AFTER her commitment? This is the kind of scrutiny you will get by immigration. It is like you kind of put yourself in that bind.

Edited January 19, 2017 by NuestraUnion

[Suss&Camm 2,213]

21 minutes ago, zeilend said:

So we aren't at the AOS process quite yet (fiancee moving in early March, current plans to get married on April 1), but we're already coming across worries regarding AP.

 

Her company is withholding her 2016 bonus (a few thousand dollars) unless she returns to Canada for a week in mid-April to help reintegrate a coworker who is on maternity leave. They are being a bit terrible about the situation, but the bonus will be key for us to have while she's unable to work here, due to the various expenses that we're incurring throughout this process.

 

1. Does that constitute "financial loss"? If you can show well documented evidence of this, yes but it is still up to their discretion

2. Is it admissible under the limitations of working in the US while awaiting EAD? (even if it's for prior payment) It is not on US soil and she is not yet a resident, no

3. Even if we can submit AOS papers on April 2, is it even possible to get things expedited that quickly? AP can be given within a few days. Mostly ppl who get it that fast have emergency medical situations or a death in family or similar.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

If anyone can provide any help or insight as to how to approach this situation, it would be hugely appreciated, even if it's just ways to deal with her company. This is weird and kind of stupid, but I figure it's better to ask than to not ask  

I agree with the poster above since you have absolutely no guarantees.

[Ebunoluwa 6,136]

I agree, she should not come to the USA until her job is done there. Change the wedding date or lose the bonus.
It it would not qualify for an infopass travel emergency pass because she is not supposed to be working without her EAD anyway.

[Transborderwife 4,666]

5 minutes ago, Ebunoluwa said:

I agree, she should not come to the USA until her job is done there. Change the wedding date or lose the bonus.
It it would not qualify for an infopass travel emergency pass because she is not supposed to be working without her EAD anyway.

It depends on work in your home country.  It's a grey area.  Many Canadians do satellite work as long as it goes into a Canadian account and there's no American office.