Travelling on AP while AOS pending, need to be reassured

[loladolly 51]

Hi there,

It is all in the title. I am probably going to make a visit in France in march for about 2/3 weeks.

I have my EAD/AP combo card and my I458 application has been pending since end of July 2013. Like many interview waived cases i don't know how much it is going to take and i have a grandma getting old and i want to see her because it may be the last time. Also i need to fly before i reach my 3rd trimester in my pregnancy. my local office is chicago and they are very behind so i doubt i ll get my GC before march.

I need to be reassured on travelling with the AP. Is it sure i won't be in trouble to get back? I didn't overstay my K1 and fgot married and filed AOS within 3 weeks of my arrival. I have no criminal history other than traffic violations.

I just had an overstay of the VWP in 2012 of like a month, when i tried to enter a few month later from canada i got denied entry. It wasn't a problem to get my K1 but can it be a red flag for being paroled into the US?

I need serious answers and people who have some experience in travelling with AP.

What if my GC is approved while i am abroad? Or if i get a RFE?

What airlines are known to give trouble about the AP so i avoid it? I don't think American companies give problems do they?

Thank you in advance to anyone who will help me.

[Harpa Timsah 13,258]

I was worried too but it was all for naught. My husband used AP with absolutely no problems. People use it every day. If your GC is approved, just enter on AP and go home. If you get a RFE, have your husband check the mail and deal with it.

[nobbie 105]

I am about to use mine and will do so frequently. What I am going to do is keep a copy of the letter that comes with the combo card stating what the AP component means in case I get any hassle at the airport coming back.

[loladolly 51]

I was worried too but it was all for naught. My husband used AP with absolutely no problems. People use it every day. If your GC is approved, just enter on AP and go home. If you get a RFE, have your husband check the mail and deal with it.

Thank you very much. I hope the RFE wouldn't be about anything that requires my presence like having to redo the medical....

So what is the procedure when entering on AP? I heard you are immediately taken to secondary.

I am about to use mine and will do so frequently. What I am going to do is keep a copy of the letter that comes with the combo card stating what the AP component means in case I get any hassle at the airport coming back.

shoot i don't think i have it anymore.

I plan on taking with my AP: my marriage certifcate, the I485 NOA1.

[Harpa Timsah 13,258]

Thank you very much. I hope the RFE wouldn't be about anything that requires my presence like having to redo the medical....

So what is the procedure when entering on AP? I heard you are immediately taken to secondary.

shoot i don't think i have it anymore.

I plan on taking with my AP: my marriage certifcate, the I485 NOA1.

Yes you are taken to secondary. Not as a punishment, they just need the computers back there or something. Not to worry.

[loladolly 51]

Yes you are taken to secondary. Not as a punishment, they just need the computers back there or something. Not to worry.

Ok.

So a past denial of entry in the US for a different reason (for me it was the VWP overstay and i didn't know at the time i couldn't use it anymore while i was in canada) is NOT going to affect me being paroled into the US?

So the only concern i may have is my AOS getting denied while i am gone.

[Harpa Timsah 13,258]

Ok.

So a past denial of entry in the US for a different reason (for me it was the VWP overstay and i didn't know at the time i couldn't use it anymore while i was in canada) is NOT going to affect me being paroled into the US?

So the only concern i may have is my AOS getting denied while i am gone.

No. You did not overstay 6 months so you do not have any ban.

Why would it be denied? You'd at least get a RFE, giving you 68 days to come back to the US to address it. You aren't planning to leave for months are you?

[loladolly 51]

No. You did not overstay 6 months so you do not have any ban.

Why would it be denied? You'd at least get a RFE, giving you 68 days to come back to the US to address it. You aren't planning to leave for months are you?

No just 2/3 weeks. I don't think there is any reason why i would get denied i am just worrying easily

[Harpa Timsah 13,258]

They don't just deny out of the blue. They send a RFE first. There's your insurance. If you get a RFE, come back

[loladolly 51]

Cool thanks a lot for your answers. I sure feel a lot better now.

and anyway i think i may have to wait another few month before my file gets touched, it is looking like i will wait 8+ months and by that time i will be back.

[Okee 0]

Hi there,

It is all in the title. I am probably going to make a visit in France in march for about 2/3 weeks.

I have my EAD/AP combo card and my I458 application has been pending since end of July 2013.

I would not recommend, there is a chance for extra delay or even getting interview finally

"Even a brief pre-interview file review will often enable an experienced officer to determine whether the case merits extra attention or not. Examples of cases which merit extra attention include, but are certainly not limited to:

· An alien who married a citizen only after exhausting other means of remaining in the U.S.

· An alien whose underlying employment-based petition is for a job which is clearly inconsistent with his or her education and work experience.

· An alien who is represented by a suspected unscrupulous attorney.

· An alien who originally came to the U.S. with a nonimmigrant visa which would normally not be issued to an alien who did not have (or at least claim) significant ties in his or her home country (e.g., a spouse), but who now shows no indication of such ties.

· An alien whose application is based on a marriage with a significant age difference or language barrier. (While not evidence of fraud per se , it is not unusual for strong divergences in a couple’s backgrounds to be an indicator of a marriage arranged solely for immigration purposes.)

· An alien who has traveled outside the U.S. during the pendency of the adjustment application, especially if the alien had resided in the U.S. unlawfully for 6 months prior to filing for adjustment (the alien’s departure may have triggered a problem involving section 212(a)(9)(B) of the Act).

· An alien who traveled outside the U.S. during the pendency of the adjustment application, especially if the interview later shows that the alien’s U.S. spouse was unaware of the travel."

Edited February 11, 2014 by Okee

[Okee 0]

This is the information I saved from manual couple weeks ago. But seems for now link is unavailable. Good the text was saved too.:-)

At least you can see reasons for extra attention.

[loladolly 51]

I would not recommend, there is a chance for extra delay or even getting interview finally

"Even a brief pre-interview file review will often enable an experienced officer to determine whether the case merits extra attention or not. Examples of cases which merit extra attention include, but are certainly not limited to:

· An alien who married a citizen only after exhausting other means of remaining in the U.S.

· An alien whose underlying employment-based petition is for a job which is clearly inconsistent with his or her education and work experience.

· An alien who is represented by a suspected unscrupulous attorney.

· An alien who originally came to the U.S. with a nonimmigrant visa which would normally not be issued to an alien who did not have (or at least claim) significant ties in his or her home country (e.g., a spouse), but who now shows no indication of such ties.

· An alien whose application is based on a marriage with a significant age difference or language barrier. (While not evidence of fraud per se , it is not unusual for strong divergences in a couple’s backgrounds to be an indicator of a marriage arranged solely for immigration purposes.)

· An alien who has traveled outside the U.S. during the pendency of the adjustment application, especially if the alien had resided in the U.S. unlawfully for 6 months prior to filing for adjustment (the alien’s departure may have triggered a problem involving section 212(a)(9)(B) of the Act).

· An alien who traveled outside the U.S. during the pendency of the adjustment application, especially if the interview later shows that the alien’s U.S. spouse was unaware of the travel."

i have read this before and I don't meet any of these criteria for denial.

I wouldn't mind getting an interview if it makes things go faster. I am an honest applicant and have nothing to hide

[JohnE 57]

Read this post I made last Friday.

http://www.visajourney.com/forums/topic/479344-problem-with-combo-card-at-atlanta-airport-this-morning/

[loladolly 51]

Read this post I made last Friday.

http://www.visajourney.com/forums/topic/479344-problem-with-combo-card-at-atlanta-airport-this-morning/

Thanks. I see the airlines are the one who don't know ####### about the AP. I found the explanation notice that came with my combo card and i ll bring it with. I am flying with United so i hope they don't give too much problems.

I also hope i won't stay too long in secondary because i will be with my 2 and a half year old son, since they are heartless they won't go any faster because of that... when i entered on my k1 it only lasted 15/20min. I guess it depends on how crowded they are. I am arriving in the middle of the afternoon on a week day so shouldn't be too bad...