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Carlos&Gen

Form I 131 and AOS filled separately

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Filed: K-1 Visa Country: Spain
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8 minutes ago, Lucky Cat said:

They are separate entities.  Not all EADs come as combination cards.  Some EADs specifically state they are NOT valid for re-entry.  I have seen it several times.

 

 

 

His lawyer didn't apply for I131 but I130

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, Carlos&Gen said:

His lawyer didn't apply for I131 but I130

Which means that the AP document grants re-entry...not the EAD.  Good luck.

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Filed: K-1 Visa Country: Poland
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good grief there is a lot of mis-communication going on here. 

 

Forget the bit about the EAD card serving as AP - just pretend he didn't ask that or say that.

 

What the OP is asking is:

 

Presume I filed for AoS without AP and EAD, and got my I-797 yesterday. NOW if I apply for I-131, isn't it a 3-5 month wait rather than the 8-9 months I have been reading for the AP if I filed concurrently (yes, I know the I-797 takes a month, so I lost a month there, so call it 7-8 months left on the combo card wait - but *does this mean* I could get AP 3-4 months quicker if I do it this way vs filing all 3 forms concurrently)?

 

(that potential timing difference is what he's trying to get confirmation on...fwiw, it is an interesting question *if* the link he posted is correct and a stand-alone AP (following AoS) would come sooner than a concurrent-filed AP/EAD combo card)

Edited by David and Anna
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Filed: K-1 Visa Country: Spain
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3 minutes ago, David and Anna said:

good grief there is a lot of mis-communication going on here. 

 

Forget the bit about the EAD card serving as AP - just pretend he didn't ask that or say that.

 

What the OP is asking is:

 

Presume I filed for AoS and got my I-797 yesterday and that I did not apply for I-131 at that time. NOW if I apply for I-131, isn't it a 3-5 month wait rather than the 8-9 months I have been reading for the AP if I filed concurrently?

 

(that potential timing difference is what he's trying to get confirmation on...fwiw, it is an interesting question *if* the link he posted is correct and a stand-alone AP (following AoS) would come sooner than a concurrent-filed AP/EAD combo card)

Thank you, that is exactly my question.

 

 

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1 hour ago, David and Anna said:

*does this mean* I could get AP 3-4 months quicker if I do it this way vs filing all 3 forms concurrently)?

 

As with most USCIS processing times, there is no guaranteed timeline.  There have been VJ members who reported getting a standalone AP document relatively quickly, but the ones I recall, applied through InfoPass with evidence of upcoming emergency travel.  For mailed-in application, no one can predict how long it will actually take.

 

So, 3 to 4 months for standalone AP is possible, but not guaranteed.

 

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15 hours ago, Carlos&Gen said:

 

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The issue with this is that your AP application would not fall under the category of "Other", even if you apply for it separately. You'd still be considering an AP applicant under the basis of AOS (category c9 as listed on the EAD form). As others have said, it's possible and if you're okay with doing it this way, then no real harm done. If you get it quickly, then you'll get it quickly. But there is no way to know for sure and it's best to presume it will take the usual 6-9+ months for all other AOS applicants.

Edited by mushroomspore
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