Panicking! Quick Question...

[Calicolom 266]

How can a notice of receipt be any kind of proof of any status, what happens if the I-485 does not get approved. Is the person then out of status again, I would not consider Noa1 anything but a receipt of payment.

[HollyGolightly 72]

How can a notice of receipt be any kind of proof of any status, what happens if the I-485 does not get approved. Is the person then out of status again, I would not consider Noa1 anything but a receipt of payment.

The NOA does not give you status, an approved I485/GC does. The NOA is only proof that AOS is in process which gives you legal stay until that is resolved. Status is not in issue when you speak of the NOA/receipt only legal stay.

[KayDeeCee 4,893]

I would recommend you not leaving the US before you get your GC.

The bright part is that you might actually get it before July - processing times are pretty fast for AOS.

Why do you recommend this? What is wrong with using AP?

[KayDeeCee 4,893]

How can a notice of receipt be any kind of proof of any status, what happens if the I-485 does not get approved. Is the person then out of status again, I would not consider Noa1 anything but a receipt of payment.

Filing for AOS places you in a new period of authorized stay. It is not proof of status, but proof that you are an adjustment applicant and are authorized to be in the US while the AOS is processing. If it was to be denied, then yes, you would then be out of status. When the EAD/AP is received, that can be used as proof of legal status in the US and why it is accepted for getting a drivers license/state ID.

[RubyMoss88 2]

I would recommend you not leaving the US before you get your GC.

The bright part is that you might actually get it before July - processing times are pretty fast for AOS.

I've heard stories of people waiting a significant amount of time for their Green Card to be approved. I don't think I could wait too long before going home. I'm presuming that the US do not expect you to wait for the GC to leave the country, or they would not make AP an option?

As long as she has advanced parole she is free to travel abroad

This is the kind of answer & reassurance I was hoping for - thank you!

My sister got her advance parole in 4 months after she sent all the paperwork, I am not saying that yours should take the same time because you know sometimes some people takes more time than others but hopefully you can get it before July.

when travel to visited us, she had an issue when she came back to the States, when she filed for her AP she wrote her name but using her husband last name so the parole was given to her but her passport had her previous last name, when she came back immigration officer gave her a hard time to get into the country.

Immigration contacted my brother in law to corroborate her answers and luckily he received my sister's green card few days ago so he sent a copy through fax and answered all questions. She was good to go... my advice here is if you are filing your parole with your husband's last name either update your passport or use the same name that you have on your passport to avoid any problem.

I hope everything go well for you!

Thank you for sharing your sister's experience I'm glad she was allowed back in, even if she had a few issues at immigration.

I was under the impression that you should apply for your Green Card/AP/EAD in your married name, as this is now your legal name (if you changed it when you got married). I've sent all my paperwork off now, and I wrote my married name on it so hopefully it won't cause too many issues.

My passport is in my maiden name, as it doesn't expire until 2016. I'm planning on carrying a certified copy of the marriage certificate in my passport to prove the name change, hopefully this would prevent any issues - I suppose it's too late now to do otherwise!

According to USCIS the timeline it is 3 months to approve the AP!

That would be great, means I'd be able to go home in July! Fingers crossed

File for AP with AoS and use it when you get it. Mine took 70 days from filing to having it in hand. GC may take up to a year, I have been told another 6 months as I probably will not have an interview. Make sure you file for EAD as well.

Thanks - I sent all forms off yesterday and applied for AP/EAD at the same time. I thought it'd be easier, as it would be evident that my application for AOS was the reason for applying for AP/EAD and they wouldn't warrant any further explanation.

My hubs and I got married 12/20/12 and we didn't file for his AOS until April 19 of 2013 because I needed our tax return money to make it happen. 63 days later he got his advanced parole (ability to travel) and his work permit. it wasn't until jan 4 2014 that he got his actual GC but as long as you have the Advanced Parole (AP) you are safe to travel abroad. just pay attention the time guidelines

That's nice to know - thanks for sharing. Waiting for tax money was another reason we waited a little before applying; despite my husband having a good job, $1070 is a lot of money for anyone! (And like the government don't get enough money out of us anyway!)

I'm thankful for so many of you confirming that I'm safe to travel, and especially reassuring for those who were in a similar situation to me!

No panic necessary.

Provided you fulfilled the requirement to marry within 90 days of entering on the K1 (fiance/e) visa, you are free to apply for AoS when it is convenient.

Many people cannot apply for AoS immediately (financial reasons, illness, marriage certificate doesn't come through quickly enough) so it's not unheard of for people to file up to a year later. In theory, you apply for AoS as soon as possible, so you can get employment authorisation, advanced parole (and yes, many people have had to use it to return to their home countries for personal emergencies) and kick the ball into play for getting the green card. It stops all that worry about being stopped until you have the Notification document in hand to prove your status.

If your travel time gets close and you still haven't received your AP document, make an Infopass appointment with your local USCIS office and ask them to give you a temporary stamp (I-551) in your passport. You will need to take the passport, your travel documents (flight tickets, itinerary) with you. This acts as a parole into the US until you have documentation.

Good luck.

Thank you so much for this post - I wasn't aware I could get an I-551, so that's nice to know. Hopefully I have enough time to get my AP document, and I would probably just wait until I had it in hand before booking anything.

Filing for AOS places you in a new period of authorized stay. It is not proof of status, but proof that you are an adjustment applicant and are authorized to be in the US while the AOS is processing. If it was to be denied, then yes, you would then be out of status. When the EAD/AP is received, that can be used as proof of legal status in the US and why it is accepted for getting a drivers license/state ID.

I was under the impression I would have to have my Green Card before I could get a state ID so that's nice to know I can get it with AP/EAD (god knows where I got my information from!)

Thank you all for your responses so far, it's reassuring! I sent all my paperwork off yesterday so I guess it's time to play the waiting game.

Just one more thing - is AP supposed to be used for personal emergencies only, or do people use it for vacations etc? My family are planning a 'UK Wedding' at Christmas for us, and if I don't have my GC by then I would have to use AP - I just wondered if I would be okay using this? I know that the form states it is for emergency use, but I didn't know if this wasn't as strict for AOS applicants.

[Brit Abroad 166]

Use it for anything that requires you to be out of the country. Real life happens while you are waiting for your green card. The process isn't meant to ruin your opportunities to enjoy family, friends and vacation time.