Questions about expedition of AP/EAD and leaving country during AOS process.

[IntoTheLight 5]

Hi,

While waiting for my K1 Visa process, my mother received some bad news. The doctors believe she has cancer. We are currently waiting on a biopsy, but it obviously changes things a bit in regards to me leaving the country. So, I have a few questions.

1. Would my mom's health condition qualify me for an expedite on getting AP/EAD, so I can leave the country to go be with her (temporarily) if she needs me? I'm concerned about not being able to for several months.

2. Will it hurt my application for AOS or the removal of conditions from my 2 year green card if I were to live out of the country for several months to assist her? I'm talking about after marriage and applying for AOS. I understand that I have to be in the US for 3 years accumulated time in order to naturalize, but is there anything else that could be negatively affected?

3. If I had to leave after applying for AOS, but before I get my AP/EAD, what would happen? I'm talking in like an emergency situation.

My fiance and I have discussed this in detail and decided we still want to complete the K1 Visa instead of cancel it because I would rather be able to be with him if my mom passes away, rather than have to wait another like 8 months. I just want the ability to come back to stay with her temporarily if/when it is needed.

I'd appreciate any other options/ideas you guys have, too.

Thanks.

[Harpa Timsah 13,258]

You mother's illness may qualify you for an expedite, but it might not. If you leave before your AP is approved then you will formally abandon the application and be stuck outside the US. Once you have AP you can travel for a while.

You could get married now and cancel the K-1 and go for a CR-1. The CR-1 gives the beneficiary the right to work and travel immediately upon entry, so you won't be stuck anywhere. It's also cheaper.

Best of luck with everything.

[Harsh_77 718]

How are you filing for AOS without being married?

If you leave before AP, as Harpa said you basically abandon the process but that is not a major set back compared to your mom's health.

If you leave before AP, you guys will have to file for CR1, which normally takes 7-8 months.

[MachelandSnookums 0]

you could expedite AP not EAD because you would be going to a difference country therefore you wouldn't need EAD there

[IntoTheLight 5]

You mother's illness may qualify you for an expedite, but it might not. If you leave before your AP is approved then you will formally abandon the application and be stuck outside the US. Once you have AP you can travel for a while.

You could get married now and cancel the K-1 and go for a CR-1. The CR-1 gives the beneficiary the right to work and travel immediately upon entry, so you won't be stuck anywhere. It's also cheaper.

Best of luck with everything.

Thank you. Is there a limit for how long I can be out of country on AP?

I mentioned the idea of going the CR-1 route to my fiance and it is an option we may consider, but I admit I am a bit reluctant. At this point, it wouldn't be cheaper because of having to travel to get married, plus the loss of the filing fee for the K1, and we couldn't be married for a few months, so ther's even a chance we could have the NOA2 by then. :\ It just seems hard to think of cancelling and starting all over again, being forced to wait longer, you know?

But yes, thank you. It may end up being the best route in the end.

How are you filing for AOS without being married?

If you leave before AP, as Harpa said you basically abandon the process but that is not a major set back compared to your mom's health.

If you leave before AP, you guys will have to file for CR1, which normally takes 7-8 months.

We aren't filing for AOS. We are waiting for K1 approval, but I am concerned about when that happens and the process of filing for AOS. Thinking ahead, as it seems likely that my mom may need me around the time that I could be leaving. I just want to know options.

Thanks for clarifying that we would be able to file for CR-1 if that happened. I was concerned that leaving like that could hurt my chances of future approval.

you could expedite AP not EAD because you would be going to a difference country therefore you wouldn't need EAD there

Oh, thanks! I wasn't clear on which was the one for traveling, so I just wrote both.