Acceptable AP justifications?

[essbee 0]

Hi

Quick question for you knowledgable VJ'rs

I am about to submit my I-485 and wantg to co-file the I-131. What are acceptable reasons that others have used in their applications?

I need to go to Canada next month for my friends wedding, is this likely to be accepted?

Also, do you have to be in actual posession of the card before you travel, as I've read on a USCIS document somewhere that no biometric is required for an AP application (it is for refugee or re-entry), and I can travel as long as the application has been submitted and is being processed.

Thanks in advance

Steve

[Harpa Timsah 13,258]

AP is routinely approved. In fact, if you read the instructions, people applying for AP based on a pending I-485 don't even need to give a reason for it to be approved.

However, you MUST have AP in hand in order to travel. If you don't have it in your hand when you exit the country, you will automatically abandon your AOS application, which means being out the $1070 and also having to start all over with spousal visa. If you have a plan to travel next month, you won't make it. You can try for expedited AP by making an INFOPASS.

Edited August 20, 2011 by Harpa Timsah

[CC90 90]

Keep in mind that the card is considered "in your hand" when it is mailed to you. It just has to be approved in order for your I-485 to not be automatically denied. Once you get that notification, you can leave, but someone must mail the card to you in order for you to re-enter.

[essbee 0]

Thanks both.

Yes, I had considered an INFOPATH appointment, I just wondered if a wedding would be a good enough reason, as it seems from documents, they try to limit the award to emergent or urgent/emergency reasons. My guess would be it isnt

I suppose I can call the local office on Monday morning and ask the question (and I'd even be happy to pay the I-131 fee just to get it in time, as opposed to the "free" submission with an I-485).

Interesting that I dont need to give a reason when submitting if I decide to co-file. I agree with Harpa though, that a submission wouldn't get approved in time.

Guess my options are limited, as unsurprisingly, its not really practical to have to start over again...

Thanks again

Steve

[CC90 90]

Thanks both.

Yes, I had considered an INFOPATH appointment, I just wondered if a wedding would be a good enough reason, as it seems from documents, they try to limit the award to emergent or urgent/emergency reasons. My guess would be it isnt

I suppose I can call the local office on Monday morning and ask the question (and I'd even be happy to pay the I-131 fee just to get it in time, as opposed to the "free" submission with an I-485).

Interesting that I dont need to give a reason when submitting if I decide to co-file. I agree with Harpa though, that a submission wouldn't get approved in time.

Guess my options are limited, as unsurprisingly, its not really practical to have to start over again...

Thanks again

Steve

Yea, the "emergency" ones are typically humanitarian related (medical, etc.) Worst they could do is say "no", though. Nonetheless, you should have the I-485 filed before you request it at an Infopass appointment; otherwise, you'll have no basis for them to issue it. You won't have to pay either way, though.

Edited August 21, 2011 by CC90

[VanessaTony 3,567]

Yea, the "emergency" ones are typically humanitarian related (medical, etc.) Worst they could do is say "no", though. Nonetheless, you should have the I-485 filed before you request it at an Infopass appointment; otherwise, you'll have no basis for them to issue it. You won't have to pay either way, though.

Please expand on this a little further. Are you saying the OP would not need to pay for AP even if she hadn't filed AOS yet? A "free" AP is only available if applied for at the same time as AOS, otherwise there is a fee.

[CC90 90]

Please expand on this a little further. Are you saying the OP would not need to pay for AP even if she hadn't filed AOS yet? A "free" AP is only available if applied for at the same time as AOS, otherwise there is a fee.

Respectfully, this is not true. Please read the instructions for the I-485 to see that a fee is not required if you file it separately, as long as you have a properly filed I-485 on file and submit an I-797 to that effect. The check will be returned to you if you send it.

Edited August 21, 2011 by CC90

[VanessaTony 3,567]

Respectfully, this is not true. Please read the instructions for the I-485 to see that a fee is not required if you file it separately, as long as you have a properly filed I-485 on file and submit an I-797 to that effect. The check will be returned to you if you send it.

Seriously? Why are you misreading my post? Your post implied that they could file AP BEFORE AOS and not pay a fee: "You won't have to pay either way, though".

The fee for AP is waived if filed with AOS or while AOS is pending (as long as you include the NOA1 from AOS). If this is what you were alluding to when you first posted you need to post more clearly. A lot of people on here do not have English as their first language.

Edited August 21, 2011 by Vanessa&Tony

[CC90 90]

Seriously? Why are you misreading my post? Your post implied that they could file AP BEFORE AOS and not pay a fee: "You won't have to pay either way, though".

The fee for AP is waived if filed with AOS or while AOS is pending (as long as you include the NOA1 from AOS). If this is what you were alluding to when you first posted you need to post more clearly. A lot of people on here do not have English as their first language.

I can see how one could misread that; I agree that it could have been more clear.

[essbee 0]

Thanks guys, appreciate the clarity.

(and of course i meant to type infopass not path...)

One last question, and apologies if I seem obtuse, but i just want to be clear - can I request an infopass appointment to file an AP based on emergency medical grounds, before I have submitted or am waiting on the AOS NOA1?

Unfortunately since I posted my first post below, my dad (who lives in BC, Canada) has suffered a heart attack and today was told he needs to be flown to Vancouver for a triple bypass. I only ask the question above, as we're waiting for our certified marriage certificates to be sent back, then i need to submit the 485 and then wait for the NOA to be issued. That could take a week plus, and I'd rather get moving quicker if possible, as I want/need to see him before the op.

As if i didnt have enough to worry about....

[CC90 90]

Thanks guys, appreciate the clarity.

(and of course i meant to type infopass not path...)

One last question, and apologies if I seem obtuse, but i just want to be clear - can I request an infopass appointment to file an AP based on emergency medical grounds, before I have submitted or am waiting on the AOS NOA1?

Unfortunately since I posted my first post below, my dad (who lives in BC, Canada) has suffered a heart attack and today was told he needs to be flown to Vancouver for a triple bypass. I only ask the question above, as we're waiting for our certified marriage certificates to be sent back, then i need to submit the 485 and then wait for the NOA to be issued. That could take a week plus, and I'd rather get moving quicker if possible, as I want/need to see him before the op.

As if i didnt have enough to worry about....

I'm sorry to hear about your dad.

You're going to be fighing an uphill battle asking for AP; they're probably just going to tell you to leave the country since there's nothing really "preventing" you from returning. Emergent advance parole, in other contexts, can be given for those outside the country who otherwise don't have time to obtain visas, a passport, etc. to visit the US for a significant humanitarian reason. You're asking the opposite, which is not really granted--and there is no real lawful basis to grant considering you don't have an adjustment application on file.

I'm not going to say it's not possible, but if you do decide to try, you're going to have to obtain AMPLE documentation of your father's condition. They won't take your word for it.

However, for this case, you may not need to actually wait to have the I-797 in your hand before making an Infopass appointment to ask for emergent AP; just wait for the text/emails. Even when you send it courier overnight, it can take about 3-7 business days for them to even open and scan it.

You can also just not send the marriage certificate and wait for them to issue an RFE for it. The possible downside to this is that they may see your supposed "carelessness" to not include the certificate (i.e. one of the most important documents) as a reason to raise suspicion.

Another possibility is to try to actually file the adjustment package at the ASC and then ask for emergency advance parole there; I've heard of this happening.

Best of luck and be sure to let us know how it goes. If you do decide to leave without the documents, you'll need to apply for a CR-1 immigrant visa at the consulate closest to your residence. It may take 6 months for you to be able to return, but your local consulate can tell you their exact processing times.

Edited August 23, 2011 by CC90

[Harpa Timsah 13,258]

Yes, make INFOPASS and try to get the emergency AP. Medical situations are usually sufficient to expedite AP. I am sorry about your father. Good luck.

Cr-1 visas take around 12 months.. not 6...

[CC90 90]

Cr-1 visas take around 12 months.. not 6...

Still probably inaccurate, I was accounting for an already approved I-130.

[VanessaTony 3,567]

Still probably inaccurate, I was accounting for an already approved I-130.

I'm sorry I'm confused again. The OP filed a K1 so doesn't have an approved I-130 (so were you saying you were wrong with your 6 month estimate 'cause you thought the OP had an I-130?). They're looking at actually having to file the I-130. UK has a decent backlog (or they're just slow) and take around 12 months from NOA1 to visa approval.

[CC90 90]

I'm sorry I'm confused again. The OP filed a K1 so doesn't have an approved I-130 (so were you saying you were wrong with your 6 month estimate 'cause you thought the OP had an I-130?). They're looking at actually having to file the I-130. UK has a decent backlog (or they're just slow) and take around 12 months from NOA1 to visa approval.

Didn't realize he was on a K-1. Just saw the designation on the side. Thanks.