AOS Processing

[In God We Trust 3]

My now husband entered the US on a K-1 Fiance visa December 31, 2011. After marrying Feb. 11, 2012 we filed for AOS/EAD/AP on Feb. 28, 2012. He has just received his EAD card which states he has I-512 AP status at the bottom of the card.

After calling USCIS the other day, I was informed by the customer service rep that he has the ability to FREELY travel back to his home country of Nigeria for a short stay as long as he takes this card with him and the card is ALL he will need to be able to go and then "Re-enter" the US after his trip.

We are still awaiting approval of the AOS application and he needs to travel back to Nigeria to take care of some family business. This is my question... Is it safe for him to travel there KNOWING that he will be able to RE-ENTER the US 4 weeks after his departure with NO PROBLEMS. I am extremly worried that something will happen once he gets back to Nigeria and they will not allow him back in the US or to leave Nigeria once he leaves since we are still in the "Awaiting a Decision Phase" of AOS.

Any and all assistance with this would be greatly appreciated as he already has his ticket and is planning to leave on Tuesday THIS WEEK... Sorry in advance for the late post but it was only till now when I started worrying about getting the wrong information from USCIS that I thought I better seek further advice

[KayDeeCee 4,893]

My now husband entered the US on a K-1 Fiance visa December 31, 2011. After marrying Feb. 11, 2012 we filed for AOS/EAD/AP on Feb. 28, 2012. He has just received his EAD card which states he has I-512 AP status at the bottom of the card.

After calling USCIS the other day, I was informed by the customer service rep that he has the ability to FREELY travel back to his home country of Nigeria for a short stay as long as he takes this card with him and the card is ALL he will need to be able to go and then "Re-enter" the US after his trip.

We are still awaiting approval of the AOS application and he needs to travel back to Nigeria to take care of some family business. This is my question... Is it safe for him to travel there KNOWING that he will be able to RE-ENTER the US 4 weeks after his departure with NO PROBLEMS. I am extremly worried that something will happen once he gets back to Nigeria and they will not allow him back in the US or to leave Nigeria once he leaves since we are still in the "Awaiting a Decision Phase" of AOS.

Any and all assistance with this would be greatly appreciated as he already has his ticket and is planning to leave on Tuesday THIS WEEK... Sorry in advance for the late post but it was only till now when I started worrying about getting the wrong information from USCIS that I thought I better seek further advice

Yes, that is what AP is for. It can be used for short trips while waiting for the green card to be approved. He will need the EAD/AP combo card and his passport. He can also take a copy of his NOA receipt from filing AOS to show he is in the process of adjusting, if he wishes.

Many have traveled using AP with no problems, but there is no one here that can guarantee he will he have zero problems traveling with the AP. You can only be told that it is highly likely he will have no problems at all. He had no overstay on his I-94 before filing for AOS, so that is a helpful factor for re-entering with no hassles/no problems.

[ceadsearc 516]

It is almost certain he will be fine. Nothing is guaranteed when it comes to immigration but that is the purpose of AP and with no overstay he should be just fine.

Make sure you are checking the mail for any notices from USCIS and be prepared for him to return early on the off chance you have an interview scheduled in that time frame.

Edited May 14, 2012 by ceadsearc

[SF2007 48]

It's fine to use AP unless he has accumulated overstay in the past. In which case, the AP does not overrun the overstay and he would have to wait for his GC.

[gretchen_darren 67]

If the business can wait until after the GC is issued. I would recommend it. If it is an emergency, then by all means take care of business. The idea of AP is to give you the ability to take care of issues while waiting.

As everyone has said on here, it does not guarantee no problems, as it is the decision of the Customs officer. and you are "paroled" into the US, not "admitted" under AP when you come back. Normally, there are no problems with AP. However, if something happens to AOS during your time out, you need to be prepared to deal with it, including coming back for an interview if so requested.

Hope all goes well.

[In God We Trust 3]

Thank you all for your quick response and replies... I am wishing he could wait to go until he gets his green card but obviously that is not an option for him so I guess he will take his chances and we shall see how it goes

Thanks again

[grrrrreat 109]

Thank you all for your quick response and replies... I am wishing he could wait to go until he gets his green card but obviously that is not an option for him so I guess he will take his chances and we shall see how it goes

Thanks again

If he hasn't overstayed any visa, traveling on AP is fine. Nothing to worry about.