Filing AOS without AP..

[Lucky2Lucky 2,526]

Like others have stated it’s your choice but with no additional fee it’s silly not to. Like you said you don’t have to use it but god forbid you have an emergency with your family you will be glad you have it. Once you receive your green card it’s still not a “guarantee” entry to the US. Only US citizens are guaranteed entry. That being said as long as you aren’t committing a crime and travel within the validity of your documents there shouldnt ever be an issue.

Good luck on your journey. 

[Roel 7,191]

Isn't AP like.. one form? Not filling that up, especially when it's free, is just lazy.

[EM_Vandaveer 2,369]

12 hours ago, payxibka said:

Exception rather than the norm

Exactly. Unless AOS was denied while traveling or beneficiary committed crimes, it's unlikely to be denied entry on valid AP. GC does NOT guarantee entry, either. Only the US passport does.

[NikLR 13,220]

10 hours ago, Loren Y said:

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!!!!

Yeah no.  To qualify for the 3 year n-400 you need to be married AND a LPR for 3 years.  

[Crazy Cat 39,226]

13 hours ago, CaseyBorne88 said:

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.

The EXACT same "risk" applies whether your wife travels with Advance Parole or a Green Card.....

[carmel34 3,531]

6 hours ago, NikLR said:

Yeah no.  To qualify for the 3 year n-400 you need to be married AND a LPR for 3 years.  

Another advantage of CR-1 over K-1, especially these days when AOS is taking so long after K-1.  CR-1s can file N-400 33 months after entry to the US as an immediate LPR, those who enter on K-1 have to wait a year or more after entry when AOS and LPR is approved, then 33 months after that to file N-400.

[Hypnos 6,576]

12 hours ago, Visitor User said:

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

The INA 212 three and ten year overstay bars do not apply to someone with a pending I-485 and a valid grant of AP, per Matter of Arrabally.

 

Your lawyer gave you poor advice. Arrabally has been the law for almost seven years.

[Visitor User 236]

31 minutes ago, Hypnos said:

The INA 212 three and ten year overstay bars do not apply to someone with a pending I-485 and a valid grant of AP, per Matter of Arrabally.

 

Your lawyer gave you poor advice. Arrabally has been the law for almost seven years.

It does when the beneficiary has been Overstayed for over 180/365 days. The AOS pending itself puts them on ‘Authorized Stay’ and stops the unlawful accrued presence but the 3/10 bar would apply if they left USA. 

 

WARNING

If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document.  For more information, please see Section 212(a)(9) of the Immigration and Nationality Act (INA).

 

https://www.uscis.gov/travel-documents

 

I read about the Arrabally but why isn’t the USCIS website stating that?

[Hypnos 6,576]

6 minutes ago, Visitor User said:

It does when the beneficiary has been Overstayed for over 180/365 days

No, it doesn't, per Matter of Arrabally, as I indicated.

 

I can't explain why USCIS does some of the things they do. At this point I am surprised some of their employees can tie their shoes in the mornings.

[Carpe Vinum 2,310]

You don't want to be the guy trying to explain to his wife why she can't go home when a relative dies or is sick because you didn't apply for AP...

[geowrian 22,335]

1 hour ago, Visitor User said:

It does when the beneficiary has been Overstayed for over 180/365 days. The AOS pending itself puts them on ‘Authorized Stay’ and stops the unlawful accrued presence but the 3/10 bar would apply if they left USA. 

 

WARNING

If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document.  For more information, please see Section 212(a)(9) of the Immigration and Nationality Act (INA).

 

https://www.uscis.gov/travel-documents

 

I read about the Arrabally but why isn’t the USCIS website stating that?

There are circumstances where one can be subject to a bar even with a travel document. But they are not subject to an bar due to unlawful presence under INA 212(a)(9)(B)(i) - the "3/10 year bar". The previously mentioned court decision confirmed this (https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf).

 

USCIS doesn't describe every circumstance and what happens on every page...that would be a major information overload, making things more complicated instead of simpler.

For instance, if somebody committed certain crimes, they can be denied entry due to an inadmissibility even with a valid AP document.

Edited March 3, 2019 by geowrian

[Visitor User 236]

2 hours ago, Hypnos said:

No, it doesn't, per Matter of Arrabally, as I indicated.

 

I can't explain why USCIS does some of the things they do. At this point I am surprised some of their employees can tie their shoes in the mornings.

Well. It would be a huge risk to depart don’t you think considering one might be banned for 10 years? It’s better not to leave until green card in hand.

[Hypnos 6,576]

It's not a risk because the BIA case in Arrabally is binding on DHS and USCIS.

[Visitor User 236]

1 hour ago, geowrian said:

There are circumstances where one can be subject to a bar even with a travel document. But they are not subject to an bar due to unlawful presence under INA 212(a)(9)(B)(i) - the "3/10 year bar". The previously mentioned court decision confirmed this (https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf).

 

USCIS doesn't describe every circumstance and what happens on every page...that would be a major information overload, making things more complicated instead of simpler.

For instance, if somebody committed certain crimes, they can be denied entry due to an inadmissibility even with a valid AP document.

So how would you explain this to the person inspecting you when returning to USA? What if they say you are barred for 10 years then what? Is it worth the risk departing?

[geowrian 22,335]

27 minutes ago, Visitor User said:

So how would you explain this to the person inspecting you when returning to USA? What if they say you are barred for 10 years then what? Is it worth the risk departing?

You would request a hearing with an immigration judge. They can make the final decision.

It would not be a delightful wait, though.

Nor is it likely a CBP officer (and their supervisor(s)) would make any such claim when the matter was settled years ago. I'm unaware of that ever happening.

Even in the Matter of Arrabally , CBP paroled the individuals into the US (actually several times over a few years!) and only later did USCIS claim them to be inadmissible due to the 10 year bar during adjudication of the I-485.