Can i apply for AP?

[Missjadey 0]

After going through the K1 process and getting married, and allll the required paperwork..I have recieved my EAD but didn't apply for AP at the same time, so my EAD says "Can not be used for reentry to the US" on the bottom, I would now like to apply for advanced parol so that I may go visit my family and friends in Canada (I currently live in a US town that is 45 min from where i previously lived in Canada).

When i read the application instructions for Form I-131 it keeps saying I cannot apply unless going for emergency business, family emergencys or humanitarian reasons. It very plainly states that vacation is not a valid reason. What am i missing? Do i have to wait until i recieve my green card? Is there something else i should be applying for? It also seems to me that this is a "one time use" type document. It costs 360 + 85 for biometrics which seems crazy high, especially since ive done biometrics twice already and it's in a city 2.5 hours from here.

I'm just mostly frusterated because they said on NOv 20th they would schedual my green card interview within 90 days and i didn't recieve any communication so I called them today, and they said it would probably be at least another 90 days because the processing office was behind. I was happy waiting for this to be done and to recieve my green card before going back to canada but it's taking much much longer than i expected, I don't want to miss my neices birthday =(

any help or advice would be really great right now.

[Ryan H 3,812]

This is usually filed at the same time as the I-485. However, because you already filed the I-485 and paid the associated fee, it may be possible to file the I-131 without having to pay a fee. Do you have an NOA1 from the I-485 filing? If so, make a photocopy of it and include it with the I-131 filing.

Edited February 24, 2015 by Ryan H

[Missjadey 0]

Thank you! I'll look into the fee's again, but the other things i mentioned (like if i can even apply without having an emergency situation etc) Vacation is not a reason... is more on my mind. I don't understand how people apply for this with their other form when it clearly states its for emergencies and not vacation? Am i looking at the wrong form? How can i just go visit my family and friends without abandoning my greencard paperwork?

[CF41051 3]

You can apply for the AP but will have to pay the fee. When applying with AOS you don't need to give a reason but since you're applying afterwards I'm not sure.... I would guess it's the same though.

[Hypnos 6,576]

You can apply for the AP but will have to pay the fee.

Wrong.

[CF41051 3]

Wrong.

Correct.

[Hypnos 6,576]

No, you're wrong. Please don't make me have to dig through the instructions to quote them and prove it.

There is no fee for either AP or an EAD when filed concurrently with or after an I-485.

Edited February 24, 2015 by Hypnos

[Boiler 45,499]

You misread the requirements. There is a long and tortuous thread on this somewhere.

Not sure what you can do now, it would be another 3 months, might have GC by then.

[Pitaya 2,577]

Wrong.

Hypnos is correct.

Here is the USCIS I-485 link, read toward the end of the page: http://www.uscis.gov/i-485

If that won't satisfy you, suggest that you review some recent forum threads for folks that have followed that very procedure.

Good luck on your immigration journey.

[KayDeeCee 4,893]

Correct.

No, you are not correct. You were wrong. There is no fee to pay. The fee is waived with a pending I-485. That means that you either file the I-131 at the same time as the I-485, or file the I-131 after you have filed the I-485 and it is still pending. The I-131 instructions state to include a copy of the receipt notice from filing the I-485. http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.

Quoted from the link A&B posted above.

Edited February 24, 2015 by KayDeeCee

[TBoneTX 45,288]

You misread the requirements. There is a long and tortuous thread on this somewhere.

Boiler might be talking about the seeming "emergency use only" requirement of AP. This was exhaustively discussed and was debunked here not long ago. You can use AP for any travel purpose.

[KayDeeCee 4,893]

Boiler might be talking about the seeming "emergency use only" requirement of AP. This was exhaustively discussed and was debunked here not long ago. You can use AP for any travel purpose.

Here is the thread > http://www.visajourney.com/forums/topic/533695-i-131-travel-authorization-strange-sounding-rules/

[Jabl2rom 54]

After going through the K1 process and getting married, and allll the required paperwork..I have recieved my EAD but didn't apply for AP at the same time, so my EAD says "Can not be used for reentry to the US" on the bottom, I would now like to apply for advanced parol so that I may go visit my family and friends in Canada (I currently live in a US town that is 45 min from where i previously lived in Canada).

When i read the application instructions for Form I-131 it keeps saying I cannot apply unless going for emergency business, family emergencys or humanitarian reasons. It very plainly states that vacation is not a valid reason. What am i missing? Do i have to wait until i recieve my green card? Is there something else i should be applying for? It also seems to me that this is a "one time use" type document. It costs 360 + 85 for biometrics which seems crazy high, especially since ive done biometrics twice already and it's in a city 2.5 hours from here.

I'm just mostly frusterated because they said on NOv 20th they would schedual my green card interview within 90 days and i didn't recieve any communication so I called them today, and they said it would probably be at least another 90 days because the processing office was behind. I was happy waiting for this to be done and to recieve my green card before going back to canada but it's taking much much longer than i expected, I don't want to miss my neices birthday =(

any help or advice would be really great right now.

this is a textbook case as to why one should apply for AP even though they think they may not need it.

[Sweetie Baby 1]

My husband applied for AP 5-6 months after sending in I-485 because we mistakenly thought we would not need it. There was no additional fee, just made a copy of I -797 showing he had a pending application and a copy of his passport ID. We even stated on the application his reason for returning to Ireland was to visit his son. They approved it within a month. We weren't exactly sure of the dates we would travel so we just put the first of March. We heave not used it yet tho.

My husband applied for AP 5-6 months after sending in I-485 because we mistakenly thought we would not need it. There was no additional fee, just made a copy of I -797 showing he had a pending application and a copy of his passport ID. We even stated on the application his reason for returning to Ireland was to visit his son. They approved it within a month. We weren't exactly sure of the dates we would travel so we just put the first of March. We heave not used it yet tho.

[aaron2020 11,651]

You can apply for the AP but will have to pay the fee. When applying with AOS you don't need to give a reason but since you're applying afterwards I'm not sure.... I would guess it's the same though.

Why would you give advice like this?

State that the OP "will have to pay the fee," then modify it with an "I'm not sure," and "I would guess?"

If you don't know the answer, then don't give out bad advice. Especially stating someone must do something and then covering yourself with not sure and guess.