Married on VWP, help !

[didopage 337]

Even though he doesn't plan to make any trips? Because while filling out the form it asks for planned trip dates, length, etc... Will he still have to file one after receiving his green card?

The I-131 form (AP) is free when filed with AOS, the form is very easy/quick to complete and the documents needed are basically another set of photocopied documents already included with the AOS (+2 more pics). I didn't plan to travel while waiting for my AOS to be processed, but I asked for the AP in case of a family emergency in France. I put "Unknown" for trip dates and length, and included a short explanation with it.

Same thing for the EAD. 2 more pics, a few additional photocopies.

It can take like a year before his green card be approved. In 2-3 months, he can be able to work/travel if his EAD/AP are approved.

Again, EAD/AP are temporary work and travel documents (valid 1 year). When he will have his green card, EAD/AP are useless because replaced by the green card (valid 2 years when the marriage is less than 2 years old).

[KazuriSana 324]

My understanding, as well, is that once someone files for AOS, he/she cannot travel outside the U.S. until the EAD/AP is in hand.

[MrsB2012 10]

My understanding, as well, is that once someone files for AOS, he/she cannot travel outside the U.S. until the EAD/AP is in hand.

This is my understanding as well. Regardless of overstay or not, once you file for AOS, you can't leave the country without AP otherwise your application will be void. Seems that if he left and came back under VWP, he would be re-entering with the intent to stay and adjust status, which is not allowed. Be careful...

[JuliaBravo 0]

This is my understanding as well. Regardless of overstay or not, once you file for AOS, you can't leave the country without AP otherwise your application will be void. Seems that if he left and came back under VWP, he would be re-entering with the intent to stay and adjust status, which is not allowed. Be careful...

This isn't a concern for us. He doesn't plan on travelling at all; I need him here with me as I am going through a lot medically. We just didn't know if he'd have to apply for it after he received his GC is all. But thank you

[Little_My 464]

Personally, I would still recoomend to file for the AP, if there is no overstay. It doesn't cost anything, and in terms of paperwork it really doesn't add anything to the workload that goes into putting the AOS package together. We see posts here all the time from people who said what you are saying now - "there is no reason for him to travel before the GC comes", "he doesn't have plans to travel for the whole year"..and then, something unexpected happens. A family member falls seriously ill. Someone back home gets into an accident. Someone back home dies - and then, with no AP, leaving the US on short notice becomes extremely difficult and sometimes impossible. Why not just get the AP for worst case scenario situations - god forbit anything like that were to happen, but if it does, at least he has the ability to leave if needed, without abandoning his entire AOS.