AP question

[Andrew83 0]

Hey everyone, we're going to file the I-485 packet tomorrow or Tuesday, and I had a question about the advanced parole form, or rather, advanced parole in general.

My wife (I just wrote fiancé and had to erase it after writing it in so many posts here haha) will almost certianly need to go back to Spain by late November to retain her permanent residency in Spain until her Spanish citizenship FINALLY goes through, which should happen any time now, but with their government, things are sloooooow. She was supposed to get it a year ago, then June, now it's sometime before the end of the year...

Anyway, we are fairly certain that she isn't allowed to be away from Spain for more than 6 months during this process, which means she'd need to go back in late November if the citizenship hasn't been approved by then.

Got all that?? haha...

So my question or concern is, that the I-485 packet can take months or years (according to the guide) to be processed, but the Advance Parole only takes 2-3 months (processing time shows 57 days right now)...

Will they even look at the packet in time? Can we or should we file the AP separately or...what? I'm confused on this. I know that in emergency situations, someone can get an expedited AP at the local office, but I'm not sure we'd fall under that category if need be.

Thanks for reading and any advice!

[didopage 337]

You said you are going to send her AOS/AP/EAD package in the coming days, so there's no need to file for AP separately. They will look at it, don't worry.

As you noticed, if everything goes smoothly, her AP will be approved in 2-3 months. Which means if the package is sent before the end of August, the AP should be approved by the end of November, at the latest. For sure, the soonest the package is sent, the soonest her AP will be granted. But make sure your package is complete to avoid any delay.

I don't think her situation would also qualify her for an emergency AP, but if nothing comes up by mid-November, she could still try by scheduling an InfoPass appointment...

Edited August 18, 2013 by didopage

[Pitaya 2,577]

You said you are going to send her AOS/AP/EAD package in the coming days, so there's no need to file for AP separately. They will look at it, don't worry.

As you noticed, if everything goes smoothly, her AP will be approved in 2-3 months. Which means if the package is sent before the end of August, the AP should be approved by the end of November, at the latest. For sure, the soonest the package is sent, the soonest her AP will be granted. But make sure your package is complete to avoid any delay.

I don't think her situation would also qualify her for an emergency AP, but if nothing comes up by mid-November, she could still try by scheduling an InfoPass appointment...

Good advice.

[Andrew83 0]

thanks very much!!

one more thing, and it's probably obvious, but should we put her new name on these forms? The one that shows on her social security card? Or her original name that is on her passport and K-1 visa?

thanks!

[Andrew83 0]

I also have a question about change of address. We have an apartment, however the address we used during the K-1 process is my dad's address, what I still consider my permanent address and where we lived when she first got here, and we're likely to move back in there within a few months, when he moves out. So...does it matter if we don't do a change of address? I guess we technically have 2 addresses.

Edited August 19, 2013 by Andrew83

[didopage 337]

If she wants to change her name, then she must use her married name on the AOS/EAD/AP forms. It doesn't matter if it matches or not her SS card or visa.

About the address, if you are likely to move back to your dad's soon, then it would be safer to keep that address on the forms so you will be sure not to miss any USCIS mails. Otherwise you can write your appartment's address, but be sure to update your address with the USCIS when you move out.

[Andrew83 0]

Yeah I'm not sure what the deal is with the moving. If he moves to our lake house now that he's retired, we would very likely move back into his current house now, the same address we've used on everything so far. However we do technically live in a different address now, so I'm guessing we should use that on all of the forms. I just haven't changed the address with the USCIS yet and don't want to run into a delay if I officially change the address with them the same day I file the I-485 packet.

I haven't lied, or plan to lie to the USCIS about anything, so I'll put our current address on the forms if it's necessary. I guess, I just view my dad's house as my, well now 'our', permanent address, since I don't know how long we'll be in my current apartment.