TPS and AOS together?

[speedster 26]

Hello all,

So my fiancee is TPS which is ending upcoming January and we're getting married in May the issue is that she still need to enter legally as she came to the USA illegally but we're trying to see once her renewed EAD comes (still waiting since January), to get Advance Parole and then of course be paroled into the country. With that then when we get married we'll do all the AOS married to me (USC). Will she have any issues with having TPS or her coming EAD From TPS when we apply for AOS or it doesn't matter?

Also when we apply for AOS can she still legally stay in the USA when her TPS expires?

[TM92 527]

8 hours ago, speedster said:

Hello all,

So my fiancee is TPS which is ending upcoming January and we're getting married in May the issue is that she still need to enter legally as she came to the USA illegally but we're trying to see once her renewed EAD comes (still waiting since January), to get Advance Parole and then of course be paroled into the country. With that then when we get married we'll do all the AOS married to me (USC). Will she have any issues with having TPS or her coming EAD From TPS when we apply for AOS or it doesn't matter?

Also when we apply for AOS can she still legally stay in the USA when her TPS expires?

Since you mentioned that TPS for your fiance's country ends in January 2019, I assume she is from Nicaragua. Her EAD has an expiration date of January 5, 2018, but USCIS automatically extended it to July 4, 2018 because she filed to renew her TPS (see https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nicaragua and https://www.federalregister.gov/documents/2017/12/15/2017-27141/termination-of-the-designation-of-nicaragua-for-temporary-protected-status). Advance Parole is her best option because (based on your profile) she resides in the Third Circuit (Delaware, New Jersey, Pennsylvania), not the Sixth (Kentucky, Michigan, Ohio, and Tennessee) or Ninth (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington (state)) Circuits: http://www.visajourney.com/forums/topic/656548-tps-beneficiaries-that-entered-illegally-may-adjust-status-if-they-reside-in-the-6th-cir-or-9th-cir/. With advance parole she can travel back to the US from any country, so Nicaragua is just one of many options. If she wants to visit Canada she will need a Canadian visitor visa (costs 100 Canadian dollars plus 85 Canadian dollars if biometrics are required), with current processing time of 16 days not including transit time between the VAC (Visa Application Centre) and IRCC (Immigration, Refugees and Citizenship Canada) office. If she wants to visit Mexico she will need a Mexican visitor visa (costs $36 US dollars), and it can take up to ten business days to process. Or she can visit any of the 71 countries that are visa-free for Nicaraguan citizens: https://www.passportindex.org/comparebyPassport.php?p1=ni&fl=&s=yes. She can apply for advance parole at any time before or after your wedding. Once she has entered the US with advance parole and you are married, then she can file for AOS from TPS. When she files for AOS she will have legal status as a pending AOS applicant so don't worry if her TPS expires. She can also apply for a free initial EAD (or EAD/Advance Parole combo card) under (c)(9) "Pending adjustment of status under Section 245 of the Act" category with her AOS packet.

 

[speedster 26]

13 hours ago, TM92 said:

Since you mentioned that TPS for your fiance's country ends in January 2019, I assume she is from Nicaragua. Her EAD has an expiration date of January 5, 2018, but USCIS automatically extended it to July 4, 2018 because she filed to renew her TPS (see https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nicaragua and https://www.federalregister.gov/documents/2017/12/15/2017-27141/termination-of-the-designation-of-nicaragua-for-temporary-protected-status). Advance Parole is her best option because (based on your profile) she resides in the Third Circuit (Delaware, New Jersey, Pennsylvania), not the Sixth (Kentucky, Michigan, Ohio, and Tennessee) or Ninth (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington (state)) Circuits: http://www.visajourney.com/forums/topic/656548-tps-beneficiaries-that-entered-illegally-may-adjust-status-if-they-reside-in-the-6th-cir-or-9th-cir/. With advance parole she can travel back to the US from any country, so Nicaragua is just one of many options. If she wants to visit Canada she will need a Canadian visitor visa (costs 100 Canadian dollars plus 85 Canadian dollars if biometrics are required), with current processing time of 16 days not including transit time between the VAC (Visa Application Centre) and IRCC (Immigration, Refugees and Citizenship Canada) office. If she wants to visit Mexico she will need a Mexican visitor visa (costs $36 US dollars), and it can take up to ten business days to process. Or she can visit any of the 71 countries that are visa-free for Nicaraguan citizens: https://www.passportindex.org/comparebyPassport.php?p1=ni&fl=&s=yes. She can apply for advance parole at any time before or after your wedding. Once she has entered the US with advance parole and you are married, then she can file for AOS from TPS. When she files for AOS she will have legal status as a pending AOS applicant so don't worry if her TPS expires. She can also apply for a free initial EAD (or EAD/Advance Parole combo card) under (c)(9) "Pending adjustment of status under Section 245 of the Act" category with her AOS packet.

 

Thank you for the response! I do see what you're saying, I have other questions too. 

The EAD card is expired but of course because she is renewing the current card status is valid under the federal registrar notice, should we wait to get an expedited AP when her renewal EAD comes in or should we try to get the expedited AP now.

Also while of course AP is a risk to take is it a difference if you use AP with TPS or under AOS pending status?

[speedster 26]

Bumping this topic, from our VJ timeline it seems like she'll getting her EAD right around our wedding, so to follow up my question is should we just wait till her EAD comes get an expedited AP to see her sick family member or wait for the EAD/AP combo card?

[TM92 527]

On 3/16/2018 at 7:15 AM, speedster said:

Bumping this topic, from our VJ timeline it seems like she'll getting her EAD right around our wedding, so to follow up my question is should we just wait till her EAD comes get an expedited AP to see her sick family member or wait for the EAD/AP combo card?

USCIS will not issue an EAD/AP combo card for an AP based on TPS. USCIS would issue the TPS EAD separate from the TPS AP.