Is it TRUE?

[NinoniAndBoosBoos 6]

Impractical is a better term than impossible.

Here is your problem. The EAD and AP can be filed for FREE with an AOS, which is what you did and what most people do. However this makes BOTH derivitive of the AOS and if a problem is discovered with the AOS before they send the EAD or AP they are ALL put on hold. They can even put them on hod after they are sent, which really stinks if you are outside the country when it happens. IF you file the AP and EAD separately, for something like $340 each, then they are independent of the I-485. In some cases, such as ours, we actually got the green card before the EAD and AP. It happens. You pay your nickle and takes your chances.

You can always get an emergency AP if necessary but it will cost you. Make an infopass appointment if it is necessary and bring your Receipt for the I-485

thank you for the clarification, luckily there is no emergency other than family members really needing to see me after so much time, and hopefully we hear something soon. I must always refer to my tagline:

Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish

[NinoniAndBoosBoos 6]

Um what? This is so so wrong. I suggest you study up a bit on all the parts here. Very wrong.

What is wrong with this Harpa?

[NinoniAndBoosBoos 6]

Not necessarily. We filed ours all together and got the green card first. The AP and EAD came a week later and by then were no longer needed. Actually the AP came between the GC interview and the GC arrival, at any rate...Alla turned in the expired EAD and AP when she received her citisenship and they asked her why she did not turn it in at her GC interview. She said "I got the GC first"

gosh such inconsistancies!!!, but luckily your troubles are all over!!! way to go!!!

[Darnell 8,479]

you calling USCIS on Monday, to check on returned mail pieces, or no ?

[NinoniAndBoosBoos 6]

you calling USCIS on Monday, to check on returned mail pieces, or no ?

I have been receiving all my married name and maiden name mail here, so I don't think it is a postal issue, that would be too easy for the USCIS!!!! but I am not sure what you mean by ISO???

[Darnell 8,479]

ok dokie.

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

[gretchen_darren 67]

Impractical is a better term than impossible.

Here is your problem. The EAD and AP can be filed for FREE with an AOS, which is what you did and what most people do. However this makes BOTH derivitive of the AOS and if a problem is discovered with the AOS before they send the EAD or AP they are ALL put on hold. They can even put them on hod after they are sent, which really stinks if you are outside the country when it happens. IF you file the AP and EAD separately, for something like $340 each, then they are independent of the I-485. In some cases, such as ours, we actually got the green card before the EAD and AP. It happens. You pay your nickle and takes your chances.

You can always get an emergency AP if necessary but it will cost you. Make an infopass appointment if it is necessary and bring your Receipt for the I-485

This is why i tell people to be EXTREMELY careful when traveling on AP or working on EAD BEFORE the GC -- AOS is approved. You never know what is going on until the approval is done. There are emergencies which warrant work or travel. However, it is just not wise thinking to travel when you do necessarily have to.

[gretchen_darren 67]

Um what? This is so so wrong. I suggest you study up a bit on all the parts here. Very wrong.

read the wiki pages.... I DID.... You would be surprised what you can learn.... and what interesting tidbits there are which are not common knowledge.... including the length of time for naturalization. I jsut hope the OP works out the RFE and gets approved.

[Harpa Timsah 13,258]

read the wiki pages.... I DID.... You would be surprised what you can learn.... and what interesting tidbits there are which are not common knowledge.... including the length of time for naturalization. I jsut hope the OP works out the RFE and gets approved.

I have read much more than the wiki pages. Your post makes no sense, and I can't find a single thing correct there. It's worse than confusing apples with oranges, you are equating apples with particle physics. And everyone knows the length of time for naturalization: it's stated very clearly in the N-400 instructions.

I don't want to personally attack you, but your post is very wrong. Someone in another forum corrected your idea that GC holders travel on AP (they don't). AP also is not the thing you need for "long trips" as you say. I have another tip: on what basis do you plan to renew EAD and AP once GC is approved?

Back to the OP - I wonder if you and the person you talked to got confused about the words you are using. You say you can't get EAD/AP without AOS. What precisely do you mean by that? Without AOS what? Do you mean without applying for it or do you mean without the approval of "AOS" (Greencard/I-485 is more accurate here)?

Keep in mind that EAD and AP are intended as stop-gap measures that give the right to work and travel, respectively, before the GC is approved. Once your Greencard is approved, your EAD and AP are cancelled/void, because the Greencard gives you the right to work and travel by itself. The EAD and AP were intended as stop-gap measures when the AOS process used to take years. Now they are often useless because AOS takes about as long to approve as the EAD and AP, but you might have them a month or two before the GC is approved. A month or two is still better than nothing!

[Darnell 8,479]

ya, wording is important - here's my spin -

one cannot expect to receive an EAD or AP thingie without including the forms for same, filed concurrently with the I-485 form.

[JimVaPhuong 4,863]

read the wiki pages.... I DID.... You would be surprised what you can learn.... and what interesting tidbits there are which are not common knowledge.... including the length of time for naturalization. I jsut hope the OP works out the RFE and gets approved.

Here. I'll break down your original post for you:

You can get AP and EAD without AOS. However, as a k-1 visa or K-3 visa AOS has to be done forinitial EAD and AP.

You're getting some things confused.

AP - Advance Parole. This is advance permission to be paroled into the United States when you're not a citizen or permanent resident, and you don't have a visa that would allow you to be admitted. Since a K1 is a single entry visa, it can't be used to enter, exit, and then reenter the US. A K1 who wishes to leave the US and return before obtaining permanent resident status must first obtain advance parole or they won't be allowed back into the US. Further, their AOS application would be considered abandoned. A K3, on the other hand, is valid for multiple entries for two years. No advance parole is required with a K3.

EAD - Employment Authorization Document. A K1 visa holder is technically eligible for an EAD while their I-94 is valid. If they apply for an EAD during that time then they'll have to pay the filing fees for the I-765, and the EAD would expire when their I-94 expires. They are again eligible for an EAD after their AOS application has been submitted, and before it's been approved. The validity in that case is usually one year, but the EAD automatically expires when a decision is made on the AOS application.

THe AP is needed if you are green card (lpr) and leaving the country for 6 months or more and plan on returning. It is also good to havefor emergencies while waiting on your GC. This also gives you evidence on good standing when as ked for

You're confusing advance parole with a reentry permit. Both documents require an I-131 application, but they are used for completely different purposes. A reentry permit is for permanent residents (i.e., someone with a green card) to obtain permission to remain outside the US for more than one year (and less than two years) without losing their LPR status. Advance parole is for someone with a pending AOS application, and who is subject to the abandonment presumption (like a K1), who wishes to leave the US and reenter.

EAD can be renewed, but the initial one comes with AOS.

EAD comes with AOS filing only if you ask for it by filing an I-765. It can be renewed only if a decision hasn't been made on the AOS by the time it expires, which is usually one year.

please note if filing separate though AP and EAD are separate costs. with initial AOS, they are part of the packet, either include in the packet, or the I797C notice from AOS.

Yes, there are filing fees for AP and EAD unless you file concurrently with the AOS application. However, you need a basis for eligibility first, as well. A K1 cannot file for AP until they file for AOS. A K1 CAN file for an EAD while their I-94 is still valid, but it would be pointless. It takes a couple of months to get the EAD, and it would only expire when the I-94 expires.

[VanessaTony 3,567]

great advice thanks!!! and beautiful video, congratulations!!!!

Gretchen_Darren's advice was oh so wrong (see Jim's post above). Please ignore it.

[sunandmoon 450]

This is why i tell people to be EXTREMELY careful when traveling on AP or working on EAD BEFORE the GC -- AOS is approved. You never know what is going on until the approval is done. There are emergencies which warrant work or travel. However, it is just not wise thinking to travel when you do necessarily have to.

really, seems recently you were saying if you have AP, everything is golden. does the thread " she can go right " ring a bell?

http://www.visajourney.com/forums/topic/364261-she-can-go-right/

why should someone be EXTEMELY careful when working once they have their EAD card?

[grrrrreat 109]

Impractical is a better term than impossible.

Here is your problem. The EAD and AP can be filed for FREE with an AOS, which is what you did and what most people do. However this makes BOTH derivitive of the AOS and if a problem is discovered with the AOS before they send the EAD or AP they are ALL put on hold. They can even put them on hod after they are sent, which really stinks if you are outside the country when it happens. IF you file the AP and EAD separately, for something like $340 each, then they are independent of the I-485. In some cases, such as ours, we actually got the green card before the EAD and AP. It happens. You pay your nickle and takes your chances.

You can always get an emergency AP if necessary but it will cost you. Make an infopass appointment if it is necessary and bring your Receipt for the I-485

You can't get advance parole unless you have already applied for adjustment of status. You can get an EAD as a mere K-1 without adjusting status, but it expires too quickly to be worth it. I don't know what you mean about putting EAD/AP on hold. I suppose they can cancel the EAD/AP if it's determined that you did not qualify to apply for it, but that won't apply to the people who follow the instructions, so why spread fear about it?

Your statement about getting EAD/AP derivatively or independently of AOS is confusing.

Edited May 6, 2012 by grrrrreat

[grrrrreat 109]

read the wiki pages.... I DID.... You would be surprised what you can learn.... and what interesting tidbits there are which are not common knowledge.... including the length of time for naturalization. I jsut hope the OP works out the RFE and gets approved.

Your advice is very wrong, take it from someone who has read the form instructions, the law, and the wikis.