Travelling without AP

[Ruan & Emmanuel 84]

Hi, guys

 

I will be applying for AOS on March after returning from the K1 visa interview back in my home country. I am no intending to apply for the AP because I do not have plans to travel outside of US until the green card has been delivered. However I am a B1/B2 visa holder and if I decide to travel before the green card approval, can I use my B1/B2 visa to enter the country without US taking as "abandoned" my AOS process? 

 

Thanks. 

[Letspaintcookies 2,310]

No you can't. The tourist visa gets cancelled the moment your K1 will be issued. Why not applying for AP? It's free of fees when doing it together with the AOS. 

Edited January 27, 2020 by Letspaintcookies

[Ruan & Emmanuel 84]

Just now, Letspaintcookies said:

No you can't. The tourist visa get cancelled the moment your K1 will be issued. Why not applying for AP? It's free of fees when doing it together with the AOS. 

I saw the EAD it's for free but the AP costs like $500. 

[Letspaintcookies 2,310]

1 minute ago, Ruan & Emmanuel said:

I saw the EAD it's for free but the AP costs like $500. 

No. Both is free if you file it together with the AOS and having the AP is the only option you have if you need to travel before you get the greencard.

[Ruan & Emmanuel 84]

Just now, Letspaintcookies said:

No. Both is free if you file it together with the AOS and having the AP is the only option you have if you need to travel before you get the greencard.

Oh, wow. I might have seen something different. Really thought it was $500 to apply for an AP. Thank you very much. 

[Letspaintcookies 2,310]

5 minutes ago, Ruan & Emmanuel said:

Oh, wow. I might have seen something different. Really thought it was $500 to apply for an AP. Thank you very much. 

No, no worries 😊 go for it 😊

[Cyberfx1024 7,980]

33 minutes ago, Ruan & Emmanuel said:

Oh, wow. I might have seen something different. Really thought it was $500 to apply for an AP. Thank you very much. 

No sir, once AOS is filed then those two are free when filed with the AOS

[payxibka 10,045]

A change is being proposed but right now it is fee waived 

[carmel34 3,639]

Also keep in mind that AP is 4 to 6 months for approval.  So after entering the US on a K-1, even if you get married and file AOS/AP/EAD the day you arrive, you can't leave the US for 4-6 months and re-enter, you would have to start the K-1 process all over again.  So add on a couple of months to get married and file AOS/AP/EAD and you're looking at 6-8 months without being able to leave the country, or drive, or work.  This is a huge disadvantage of the K-1 that many people do not consider until after they've filed.   If the freedom to travel outside the US after immigrating is important to you, then you may want to consider getting married and file for a CR-1 spousal visa.  It takes a few months longer, but has so many advantages over the K-1.  Good luck!

[Just Paul 4,595]

19 hours ago, Ruan & Emmanuel said:

I saw the EAD it's for free but the AP costs like $500. 

Didn't read the guides here?

[Ontarkie 14,270]

~~Moved to Working and traveling, form K1 P&P - the topic is about traveling after entry on a K1~~

[gkzrl 47]

You can’t enter the country on a K1 and then leave and return on a tourist visa! I know it sounds like a reasonable idea but it’s not possible! 
(Your B1/B2 won’t be necessarily cancelled at the interview because they understand you might want to travel to the US temporarily before entering on a K1 permanently). 
 

So once you use your K1 visa, you’ll need the parole to be able to return if you leave   

Edited February 3, 2020 by gkzrl

[HRQX 4,145]

On 1/28/2020 at 7:32 AM, carmel34 said:

So after entering the US on a K-1, even if you get married and file AOS/AP/EAD the day you arrive, you can't leave the US for 4-6 months and re-enter, you would have to start the K-1 process all over again.

If married in the US after K-1 entry and leaves before I-131 or I-485 is approved then they'll have to begin IR-1/CR-1 process.

On 1/27/2020 at 11:41 AM, Ruan & Emmanuel said:

Oh, wow. I might have seen something different. Really thought it was $500 to apply for an AP.

It's free: "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf Page 16