IS IT RISKY TO USE AP?

[honeybeme 0]

Hi Everyone..

My problem is, Is it risky using AP to travel outside US and come back before it expires?

I haven't got mine yet but I want know if its ok to use AP while my AOS is still pending.

My husband got a new job outside the country and he needs to stay there for a year before he gets back here and he wants me to and our son to be there also, so im worried about this whole thing cuz he can't be here when my interview appointment come.????

Tnx everyone.

[Brother Hesekiel 2,236]

If I understand correctly, you are basically waiting for your Green Card to arrive, but you need to leave the country as soon as possible to live with your husband in another country for about a year?

That's a risky move, to say the least.

Well, regarding your question, if you did not overstay before filing for AOS, you won't have problems when traveling with AP. If you did overstay, you should not travel with AP as the CBP officer can deny you entry based on your overstay regardless of you AP.

[honeybeme 0]

If I understand correctly, you are basically waiting for your Green Card to arrive, but you need to leave the country as soon as possible to live with your husband in another country for about a year?

That's a risky move, to say the least.

Well, regarding your question, if you did not overstay before filing for AOS, you won't have problems when traveling with AP. If you did overstay, you should not travel with AP as the CBP officer can deny you entry based on your overstay regardless of you AP.

Hi Bob, I appreciate your reply..

Yes, im still waiting for my Green Card for now and your right, I need to leave the country cuz of my husband work.

But if I go back here before it expires you think they're gonna give me a hard time coming back?

Im based on K1 and got married before the 90days.

[Bobby+Umit 161]

Hi Bob, I appreciate your reply..

Yes, im still waiting for my Green Card for now and your right, I need to leave the country cuz of my husband work.

But if I go back here before it expires you think they're gonna give me a hard time coming back?

Im based on K1 and got married before the 90days.

Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.

[w8inglongtime 29]

Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.

Bobby+Umit couldn't have said it any better. It is risky leaving at this stage of the process especially if you're planning to be gone for a year. The idea behind a green card is for you to make the U.S your PERMANENT home. You don't want to disregard the meaning of the green card even before you get the card.

A CBP agent will be within their right to deny you entry. Remember it's up to you to prove your ties to the U.S and the officer's job is to point out otherwise. Being away for a year without a greencard in hand makes for a weak arguement. Just relax and leave with the physical card and a re-entry permit as opposed to just AP.

[Lorenzoid 12]

My understanding is that AP is supposed to be used for short trips only. I'm not sure if there is an actual time limit on those trips, but I would not recommend staying out of the U.S. for many months at a time until you have your Green Card. If you stay out of the U.S. for too long while on AP, the CBP could make a presumption that you have given up your intention to reside permanently in the U.S.

[honeybeme 0]

Best answer is to wait for the greencard - get the re-entry permit (since you plan on leaving for more than a year) and go from there.

Otherwise, you may find yourself having to travel back from on the AP to do something for the GC (Interview, biometrics, RFEs).

AP is only good for a year, then you have to renew it.

Hi..I'll have my biometrics this May 24th,(Monday) but my husband was leaving on JUne 6th.

And I guess he won't be here once I get my interview appointment.

But I read some of the applicant didn't go through the interview process once their papers were transferred to CSC and that's what happened to my papers.(Transferred to CSC)

Also me and husband are gonna have our 2 years marriage anniversary this July.

Thanks for reply.

[milimelo 4,487]

Hi..I'll have my biometrics this May 24th,(Monday) but my husband was leaving on JUne 6th.

And I guess he won't be here once I get my interview appointment.

But I read some of the applicant didn't go through the interview process once their papers were transferred to CSC and that's what happened to my papers.(Transferred to CSC)

Also me and husband are gonna have our 2 years marriage anniversary this July.

Thanks for reply.

Hmm, arrived on K1, married within 90 days and waited for over a year to file AOS? Definitely don't use AP, wait for GC to arrive. Here's the thing, If you're approved and get your GC before your anniversary in July, it will be a 2-year card and you will have to remove conditions. If approved after July anniversary, it will be a 10-year card.

Once transferred to CSC, you won't have an interview.

You still need to get a re-entry permit (form I-131) as you plan to be oustide the country for more than a year. You should also look into preserving residence for purposes of naturalization (form N-470).