Filing AOS without AP..

[Unlockable 7,306]

42 minutes ago, Boiler said:

You may not want to use it but at least get it.

Ergo the wise phrase, "Better to have it and not need it, than to need it and not have it."

[USS_Voyager 1,971]

As others mentioned, the only group of people guaranteed to be admitted to the US is US citizens. Even green card holders can be refused entry. Of course there has to be a reason. Just like there has to be a reason a person with valid AP to be denied entry. They just don’t randomly deny entry to people with valid travel documents, they just don’t. We’re still a country of law and order, despite what you’ve been told.

 

[Boiler 43,397]

1 minute ago, USS_Voyager said:

As others mentioned, the only group of people guaranteed to be admitted to the US is US citizens. Even green card holders can be refused entry. Of course there has to be a reason. Just like there has to be a reason a person with valid AP to be denied entry. They just don’t randomly deny entry to people with valid travel documents, they just don’t. We’re still a country of law and order, despite what you’ve been told.

 

Worst case is they can be held pending an appearance in front of an Immigrations Judge, obviously very uncommon.

[CaseyBorne88 21]

I will add it in. I do see the wisdom in at least having it. Still the situation would need to be serious enough to warrant using it in my opinion. For me the issue is one of risk and reward. Sure it might be a small risk but when what's weighed in the balance is whether or not I got to be with my wife and even possibly kids at that time; I wouldn't run that risk except for some weighty necessity.

[USS_Voyager 1,971]

16 minutes ago, CaseyBorne88 said:

I will add it in. I do see the wisdom in at least having it. Still the situation would need to be serious enough to warrant using it in my opinion. For me the issue is one of risk and reward. Sure it might be a small risk but when what's weighed in the balance is whether or not I got to be with my wife and even possibly kids at that time; I wouldn't run that risk except for some weighty necessity.

That is certainly your choice. When I had my AP, I used it a total of 3 times, I believe, before my GC was approved. Absolutely no problem, just mildly annoying because I think when you show up with the AP, they automatically kick you to secondary inspection because they have to make sure there is still a pending I-485 so it takes 30-45 minutes. The last time I used AP, actually my GC was approved already while I was out of the country (getting married), so the CBP guy asked me where my GC was, and I just told him probably in the pile of mails at my house. He just smiled and stamped my passport “admitted as LPR”

[martinzl 91]

My fiancee did not file for AP and did not need it but we probably should have.  It's free and good to have just in case.  The big rip-off comes when as a K-1 you get issued a conditional Green Card and then two years later you get the privilege of spending another $585 to get the conditions removed.

[britishandusa 446]

Hi. K1 filer who didn’t file AP with AOS here!

 

i filed AP after AOS/EAD and it was FREE! Just attached a copy of your NOA 1 of AOS and It will be processed like normal. You do NOT need to pay the fee for AP if you’re AOS from K1. My husband got his AP last month! 

 

Hope that helps!

[Loren Y 2,731]

41 minutes ago, martinzl said:

My fiancee did not file for AP and did not need it but we probably should have.  It's free and good to have just in case.  The big rip-off comes when as a K-1 you get issued a conditional Green Card and then two years later you get the privilege of spending another $585 to get the conditions removed.

I agree, don't forget the 85 for biometrics bringing the total to 670. LOL The only good thing now is they are taking so long to approve AOS that you may be married for 2 years before they issue your green card, and then you will get a full 10 year card avoiding the ROC process completely. I see some service centers saying up to 22.5 to 25.5 months to process AOS.

 

If the marriage is already two years old when the immigrant either arrives at the U.S. border with an immigrant visa or receives approval for a spousal green card, he or she will receive permanent residency and won’t have to worry about the status expiring (although the actual card will need to be replaced once every ten years).

 

At the rate things are going with USCIS, you may be applying for Citizenship with your N-400 while your AOS is processing!!!!

Edited March 3, 2019 by Loren Y
Added another Jab at USCIS processing times.LOL

[mushroomspore 3,043]

4 hours ago, CaseyBorne88 said:

If I mistyped I apologize. I don't think "filing it is risky". It is the part where it is no gauruntee of reentry in the US that is enough to make me not want to take that risk in ever using it; no matter how small that risk is. It's how me and my fiance both feel after all the hoops we had to jump through.

Denial on AP only happens for extreme circumstances. Like if the AoS applicant leaves and then USCIS does a background check and discovers they are secretly a criminal or something. So, the likelihood of getting denied is so small that it's negligible.

[issea 43]

I recommend the payment with credit card that you will be awarded credits or cash back. 🤪

[Mrsjackson 300]

It doesn’t really matter if you don’t use it since it was free... zero risk. 

[Visitor User 229]

It is also worth noting that not everyone qualifies for AP and I did not so my lawyer decided not to file it.

[SalishSea 16,746]

6 hours ago, CaseyBorne88 said:

If I mistyped I apologize. I don't think "filing it is risky". It is the part where it is no gauruntee of reentry in the US that is enough to make me not want to take that risk in ever using it; no matter how small that risk is. It's how me and my fiance both feel after all the hoops we had to jump through.

Given that rationale, you also don't plan to travel on a GC?  Because US entry is no more guaranteed on GC than it is on combo card.

[SalishSea 16,746]

4 minutes ago, Visitor User said:

It is also worth noting that not everyone qualifies for AP and I did not so my lawyer decided not to file it.

How would one not qualify?

[Visitor User 229]

54 minutes ago, Jorgedig said:

How would one not qualify?

Someone who would trigger a bar upon leaving USA (3/10 years).

Edited March 3, 2019 by Visitor User