Question about AP and GC timelines

[kizza 1]

Hi,

We are still hesitating between applying for a K1 and getting married in the US or getting married in Canada and applying for a K3 (or CR1!?!) and my head is about to explode from reading all the guides and comparing time processing charts.

My only reluctance regarding the K1 is that I don't want to be unable to travel for too long. I worry about a family member getting sick, or even not-so-urgent reasons to travel, like seeing my nephew, friends and family, etc.

So my first question is, when you get your AP, is it valid multiple times or do you have to apply for one every time you want to go somewhere? Is it a permission to travel basically?

Second, how long does it generally take to get your GC and be able to leave and return to the US freely? From what I read it seems to vary greatly.... but, any idea?

Thank you!

[Kathryn41 3,205]

If you move to the US on a K-1, once you marry you apply to adjust your status, which is the application for your green card. When you apply to adjust status you also apply for AP and EAD. The AP generally takes about 90 days to be approved (as does the EAD) and is good for multiple entries. The AP and EAD are valid for one year from date of issue. The green card usually - but not always takes longer than the AP and EAD, sometimes substantially so. As long as you have the EAD and AP you are able to work travel and return to the US. If you leave the country without the AP then you would have to start the immigration process over again from the beginning but as a CR-1. If you have applied for AOS and have an emergency need to travel and have not yet received your AP you can often get an emergency one in one or two days by going to the closest USCIS office with proof of your emergency. It does have to be a true emergency, however, to get an emergency AP.

The time it takes to get your green card does vary greatly - so much so that it is hard to predict. Mine took 22 months - others here have taken 3 months. I can't offer you any rhyme or reason for the discrepancy.

If you decide not to do the K-1 instead of a K-3 you really should be looking at a CR-1 instead. They are taking about the same length of time to process right now and with the CR-1 once you cross the border you are a permanent resident, free to work, travel out of the US and return without having to get special permission. K-3s used to be faster and a good deal but really are not, any more. you need to be married to apply for the CR-1.

Edited July 2, 2009 by Kathryn41

[kizza 1]

If you move to the US on a K-1, once you marry you apply to adjust your status, which is the application for your green card. When you apply to adjust status you also apply for AP and EAD. The AP generally takes about 90 days to be approved (as does the EAD) and is good for multiple entries. The AP and EAD are valid for one year from date of issue. The green card usually - but not always takes longer than the AP and EAD, sometimes substantially so. As long as you have the EAD and AP you are able to work travel and return to the US. If you leave the country without the AP then you would have to start the immigration process over again from the beginning but as a CR-1. If you have applied for AOS and have an emergency need to travel and have not yet received your AP you can often get an emergency one in one or two days by going to the closest USCIS office with proof of your emergency. It does have to be a true emergency, however, to get an emergency AP.

The time it takes to get your green card does vary greatly - so much so that it is hard to predict. Mine took 22 months - others here have taken 3 months. I can't offer you any rhyme or reason for the discrepancy.

If you decide not to do the K-1 instead of a K-3 you really should be looking at a CR-1 instead. They are taking about the same length of time to process right now and with the CR-1 once you cross the border you are a permanent resident, free to work, travel out of the US and return without having to get special permission. K-3s used to be faster and a good deal but really are not, any more. you need to be married to apply for the CR-1.

Thank you for your answer!! That was great help, you really cleared things up for me.

If you had the choice between the two options, K1 and CR1, and not working for the first 90 days wasn't an issue, which one would you chose?

The K1 does seem to go quicker, no?

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