Question on AP and EAD rules

[Skip and M 0]

My wife did biometrics on Novemeber 7th. We are now waiting on AP/EAD. Does it just come in the mail to our residence?

Also curious if AP does not come before the Christmas holiday and she travels home (Toronto) to see family without it....is that a no no? Upon the cards arrival, I would bring it to her in Toronto, so she can come back to the States????

[didopage 337]

Yes, it will come in the mail. It will be a combo-card, in fact an EAD card with a note on it serving as AP.

If she leaves the US without her EAD/AP card in hand (or green card, if it comes first), her AOS will be considered abandoned, so it's a no-no if you guys don't want to start all over again with a spousal visa process.

Edited November 19, 2012 by didopage

[C-ma'am 684]

Yes, it will come in the mail. It will be a combo-card, in fact an EAD card with a note on it serving as AP.

If she leaves the US without her EAD/AP card in hand (or green card, if it comes first), her AOS will be considered abandoned, so it's a no-no if you guys don't want to start all over again with a spousal visa process.

If she leaves, the only way to come back is by starting ALL over, but with a spousal visa this time.

[MrsB2012 10]

I don't think the others read the part you wrote about taking the card to your wife in Toronto so she can come back. Yes, it's true, you can't leave the country while adjusting status without the AP. I've read another account on here of someone who went to Hong Kong for an emergency and didn't have it in hand when she left. Someone mailed it to her in HK and she was able to return to the US without problems (she had already received notification that it was approved). However, from a personal stand point, there is no way I would let my husband leave the country without that magic little card IN hand. We're also awaiting his EAD/AP and have tickets booked to Denmark for Dec 14th. We won't be going anywhere if that card doesn't come beforehand. Sucks, but considering what's at stake, it's just not worth it.

[Xanax 349]

EAD and AP will come together- one card (it's the EAD and at the bottom says "serves as AP as well")

I don't think the others read the part you wrote about taking the card to your wife in Toronto so she can come back. Yes, it's true, you can't leave the country while adjusting status without the AP. I've read another account on here of someone who went to Hong Kong for an emergency and didn't have it in hand when she left. Someone mailed it to her in HK and she was able to return to the US without problems (she had already received notification that it was approved). However, from a personal stand point, there is no way I would let my husband leave the country without that magic little card IN hand. We're also awaiting his EAD/AP and have tickets booked to Denmark for Dec 14th. We won't be going anywhere if that card doesn't come beforehand. Sucks, but considering what's at stake, it's just not worth it.

I agree with this.

[didopage 337]

I would not take the risk to leave with the card in hand too, and have my husband bring it to me. Simply because it's taking too much risks. First, what if the card never shows up in the mail? It can happen.. Second, I'm not sure exactly how do the USCIS see that we leave the country and consider the AOS case abandoned, but I would have not personally wanted to found out by experimenting it!

Complete your timeline, you will have an estimation of when the card may be approved. Usually it gives a pretty good idea. And chances are that maybe she will have the card before Christmas, and there would be no problem.

[C-ma'am 684]

I would not take the risk to leave with the card in hand too, and have my husband bring it to me. Simply because it's taking too much risks. First, what if the card never shows up in the mail? It can happen.. Second, I'm not sure exactly how do the USCIS see that we leave the country and consider the AOS case abandoned, but I would have not personally wanted to found out by experimenting it!

Complete your timeline, you will have an estimation of when the card may be approved. Usually it gives a pretty good idea. And chances are that maybe she will have the card before Christmas, and there would be no problem.

I'm with Dido on this one too, and that's why we replied with the exact same information. The risks are many.... it's your decision if you want to take them or not.

1- The AP may not show in the mail

2 - Card is received but information on it is wrong (meaning only the applicant can have it fixed... but if the applicant is outside of the country, that cannot happen).

3 - Card is received with errors that go unnoticed. You take the card to your spouse and get rejected when coming back in, because the information is wrong and doesn't match. AOS is considered abandoned.

I wouldn't dare to leave the country without having the actual card in my hands, but that's me.

Edited November 21, 2012 by Celeste & C

[Harpa Timsah 13,258]

If you leave before the AP is approved your case will be automatically denied for abandonment. It doesn't matter if she has the card when she comes back, if she doesn't have it when she leaves, the case is denied.

[Skip and M 0]

If you leave before the AP is approved your case will be automatically denied for abandonment. It doesn't matter if she has the card when she comes back, if she doesn't have it when she leaves, the case is denied.

Thanks to everyone for their help and taking the time to respond. We have updated our timeline and based upon averages expect approval of EAD/AP around 12/9. Based upon consensus of this group, we will not attempt to return to Toronto until document in hand. Unless the holidays are imminent...then may reconsider.