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Travel outside of US while waiting for AOS results with EAD/AP

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2 hours ago, CPAV said:

I have this situation, I have an EAD/AP card, I am scheduled to travel outside of US on Dec 26. Also, I have my AOS interview on the 16th, I don’t know if I’ll be approved or not. 

Is it safe for me to travel outside of the US? 

 

1 minute ago, Sarah&Facundo said:

Yes, if you have AP you can travel.  That's what it's meant for. We also went home for Christmas last year for a whole month on AP. No issues.

Let me add some clarification. As of now, you are safe to travel outside of the US with your EAD/AP, however, your AOS interview is before your planned travel. The only caveat is if you are denied your AOS. If, for some unforeseen reason, you are denied... that is a whole different scenario.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: Canada
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2 hours ago, Unlockable said:

 

Let me add some clarification. As of now, you are safe to travel outside of the US with your EAD/AP, however, your AOS interview is before your planned travel. The only caveat is if you are denied your AOS. If, for some unforeseen reason, you are denied... that is a whole different scenario.

Thank you. So if I will be denied(hoping not), I can use my AP to travel back am I right? And if I passed (hopefully), I know there’s waiting period before I can get the actual green card, can i still use my AP to go back? 

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Filed: AOS (pnd) Country: Brazil
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7 minutes ago, CPAV said:

Thank you. So if I will be denied(hoping not), I can use my AP to travel back am I right? And if I passed (hopefully), I know there’s waiting period before I can get the actual green card, can i still use my AP to go back? 

If you're denied, your EAD/AP is automatically cancelled. So if you leave, you won't be able to get back in. If you are approved, but don't have the card, they will probably have in the system that you are already a LPR, so no AP necessary (but it might take a while for them to let you in)

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28 minutes ago, CPAV said:

Thank you. So if I will be denied(hoping not), I can use my AP to travel back am I right? And if I passed (hopefully), I know there’s waiting period before I can get the actual green card, can i still use my AP to go back? 

A dependent benefit - like AP - is automatically revoked when the primary application(AOS/I-485) is denied.

If AOS is approved, you would probably be put through secondary inspection but you would be granted admission as an LPR still.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: F-1 Visa Country: Canada
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Another consideration is if you have maintained a valid underlying status while your AOS has been pending. If you’re adjusting from an F-1 and remained a full-time student, even if your AOS is denied while you’re abroad on the AP, you should be able to re-enter on the F-1.

 

Edit: Oh wait, this is the K-1 / K-3 forum. Sorry.

Edited by gramercygreen

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3 minutes ago, gramercygreen said:

If you’re adjusting from an F-1 and remained a full-time student, even if your AOS is denied while you’re abroad on the AP, you should be able to re-enter on the F-1.

More specifically, you would be able to apply for entry with F-1 status. You would not be able to do so with intent to file for AOS again - it must be to complete your studies then return home.

That said, a recently filed AOS application is a very strong cause to be denied entry under F-1 status due to immigrant intent.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Canada
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~~Moved to Working and Traveling, from AOS Family - the topic is about traveling~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (apr) Country: Thailand
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Its entirely possible you have your GC by the 26th but I wouldn't count on it. You will be able to travel perfectly fine on AP so long as you aren't denied as stated above. 

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Or if you are lucky enough to be approved on the spot explain the situation to the officer and maybe they can give you an I-551 stamp on your passport as proof of LPR status while you receive the card. 

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Filed: K-1 Visa Country: Philippines
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My wife was approved for her AP yesterday.  (We didn't get any documentation yet)

She wants to go home to Manila for a wedding in January.    Our AOS is still pending.

 

Should we anticipate any problems with her re-entry into the USA?

 

Also: If she wanted to leave the USA again during this period (If we wanted to take  a vacation abroad), is this AP "multi-entry" or do we have to apply again?

 

Thank you all in advance !!

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19 minutes ago, EllisAndRenz said:

My wife was approved for her AP yesterday.  (We didn't get any documentation yet)

She wants to go home to Manila for a wedding in January.    Our AOS is still pending.

 

Should we anticipate any problems with her re-entry into the USA?

 

Also: If she wanted to leave the USA again during this period (If we wanted to take  a vacation abroad), is this AP "multi-entry" or do we have to apply again?

 

Thank you all in advance !!

No problems ... entry with AP card 

Yes, it is multi entry 

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Filed: K-1 Visa Country: Philippines
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1 hour ago, Lil bear said:

No problems ... entry with AP card 

Yes, it is multi entry 

Thank you!

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Filed: K-1 Visa Country: Philippines
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On 12/13/2019 at 8:33 PM, Lil bear said:

No problems ... entry with AP card 

Yes, it is multi entry 

OK, one other question:  I just booked her ticket home.  I entered her Philippine passport information.  This caused the airline system to prompt me for a US Visa # and issue date. 

 

So, I entered her K-1 Visa (which is now expired).   She has her AP / EAD card. 

 

Did I do this correctly?  I don't want her to have any problems when she boards her flight back home.

 

 

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