waiting for AP

[watedder 1]

My wife is sick of being stuck here.  Her father is sick and she has things she really needs/wants to do outside the country.  We were told that we could get an emergency AP but that it would be seperate from the normal AP, only allow for 4 weeks away and cost an extra $500.   With travel expenses and other expenses we've had an extra $500 is tough right now.  She is now at the point she just wants to leave without AP.  She is asking me what will happen to her if she leaves and there are questions I don't know.

 

I know I can reapply for a cr1 or whatever but I don't know if her dropping her application will hurt her chances at getting it?

I also don't know about that fact that we were a month late filing the i485 (small visa overstay) and if that will affect her ability to reenter even if she got a green card overseas?

And really because no one seems to know how long AP takes I'm wondering if anyone can respond to this message that has gotten theirs recently and let us know how long it took to get it.  We are at day 92 now and waiting.  

 

There is plenty of love here.  There are not problems between us it's just not being able to leave and return that is killing her.

[geowrian 22,336]

A few things going on here...

1. She already applied for AP, right? Then she can request an expedite (emergency AP) that way...no extra fee involved. But there needs to be a verifiable reason for the expedite. Her father being sick, depending on the severity and such, may be one way to approach it. But if it's not something that requires her there immediately, I'm skeptical if they would approve any such expedite. You can also get an Infopass appointment to obtain emergency AP...again using a copy of the NOA1 so that you don't have to pay for the I-131.
2. If she leaves without AP:
   1. Her AOS application will be abandoned.
   2. She likely will not be able to obtain another visa for a while, except for a spousal visa (CR-1/IR-1).
   3. They may ask why she abandoned her AOS application, but it's not a reason for denial of a CR-1/IR-1. It shouldn't really impact her case.
3. Nobody can guarantee a timeline for AP. The average is 3-4 months currently. An RFE can pause the process.
4. Being a month late in filing for AOS won't have any impact on the AOS process. You just needed to marry within 90 days.
   1. The overstay will (further) make getting any other visa more difficult, but shouldn't impact a CR-1/IR-1 unless she overstayed by at least 180 days at the time she exits the US. Then a bar kicks in (3 or 10 years depending on how long she overstayed).
   2. Overstay (unlawful presence) accumulates starting after her I-94 expires, but does not accumulate while her AOS is pending.

Honestly, the best thing is to just wait it out. Statistically, you're likely to hear back on AP within the next month or so. Having to start all over with a CR-1 and wait the 12-14 months (plus pay all the fees) is not something to take lightly.

Edited August 1, 2017 by geowrian

[watedder 1]

We followed the directions on the USCIS website for emergency AP.  Went to our local service center and they approved emergency AP based on medical documents from her Fathers doctor.  However they wanted an extra $500.  The plan was to send her there to look after him then buy her a ticket back in one month (middle of the month checks have extra.  However.. the extra $500 was the money she needed to live on in that time.  Not really any extra.  I was going to use my credit card to pay for the ticket.  That even isn't the problem, the real issue is that the emergency AP is only good for 30 days and that pushes us in a way that makes things to tight to make it happen.

 

Some support in the way of anyone getting their AP recently would be appreciated.  I think that is the thing she needs to hold on.  It's hard to know your father is potentially terminally sick and sit waiting every day to see if you can leave.

[Ebunoluwa 6,136]

There is no $500 fee for emergency travel with proof of a pending AOS, you were misinformed. I don't understand your 30 day issue. 

[Unidentified 2,930]

9 hours ago, watedder said:

We followed the directions on the USCIS website for emergency AP.  Went to our local service center and they approved emergency AP based on medical documents from her Fathers doctor.  However they wanted an extra $500.  The plan was to send her there to look after him then buy her a ticket back in one month (middle of the month checks have extra.  However.. the extra $500 was the money she needed to live on in that time.  Not really any extra.  I was going to use my credit card to pay for the ticket.  That even isn't the problem, the real issue is that the emergency AP is only good for 30 days and that pushes us in a way that makes things to tight to make it happen.

 

Some support in the way of anyone getting their AP recently would be appreciated.  I think that is the thing she needs to hold on.  It's hard to know your father is potentially terminally sick and sit waiting every day to see if you can leave.

You shouldn't have to pay that fee though there are exceptions. I had to pay mine but it was only $350. The Emergency AP is valid an entire year. 

 

Remember that you need to bring proof of her father's condition as well as 2 passport pictures and case number. 

 

And WOW they have really increased the fees! $575 for a travel authorization? When I got mine it was $350. 

Edited August 1, 2017 by Unidentified

[Unlockable 7,306]

Can your wife hold out a couple of more weeks? It is highly possible her AP will be approved before 120 days. If you are at 92 days then it should be to her soon.

 

If she leaves prior to AP or even the emergency AP that will just open up a whole 'nother can of worms.

 

 

[watedder 1]

as to the people that say "there is no fee".  We went to our local service center for USCIS in Tukwilla (near Seattle) they told us the fee was $500.  Not some strange person.  The actual people at USCIS.  

 

She has decided to wait.. she has good days and bad days but no one feels great when their father is sick and they cannot go to visit.  Thank you all for your support.  Both of us really appreciate it.  Depending on my work load I may go with her.  She's the best thing ever.

[Unidentified 2,930]

4 hours ago, watedder said:

as to the people that say "there is no fee".  We went to our local service center for USCIS in Tukwilla (near Seattle) they told us the fee was $500.  Not some strange person.  The actual people at USCIS.  

 

She has decided to wait.. she has good days and bad days but no one feels great when their father is sick and they cannot go to visit.  Thank you all for your support.  Both of us really appreciate it.  Depending on my work load I may go with her.  She's the best thing ever.

Did they give you a reason why you had to pay $500? The reason I had to pay was that they couldn't find my case in the system despite me having a case number. You shouldn't have had to pay so it might be worth trying again if you feel up for it. 

 

I know how she feels. I came here on a K1 visa and the day before our wedding I found out my father had cancer. Even though we rushed the AOS and I got my emergency parole I was still too late. He passed an hour before I reached my home town. 

[Ebunoluwa 6,136]

Then you were misinformed. There is no fee for AP with a pending AOS.

Local service centers can't just decide to charge a fee, this is a

misunderstanding you need to 

get clarity on with a supervisor or a tier 2 officer.