Post US Entry Procedures

[brian_mosher 9]

My fiance just received her K-1 visa in the mail today and I am trying to get some things figured out for after she enters the States. It's very possible that shortly after we go to the States(I'm currently in Mexico with her), I'm going to have to come back to Mexico to work in our office here, and she would obviously want to come with me. I'm trying to understand the AOS, EAD, and AP processes on the guides here. I realize the AOS is a pretty long process, but she only needs the AP to travel it seems. We could file for all 3, get the EAD and AP in 2-3 months it looks like, and wait out the AOS time back in Mexico if we had to? I guess my main question is can the EAD and AP run simultaneously, or one has to be after the other? Are we looking at 3 months after we marry for both, or 3 months for one and 3 more months for the other? And I am understanding that her getting that would allow her to travel out and re-enter, right?

Any thoughts would be appreciated.

Thanks,

Brian

[Hypnos 6,578]

You file the I-131 (AP) and I-765 (EAD) concurrently with the I-485, so they are both processed at the same time by the NBC. Both are required to be adjudicated within 90 days of application.

[TBoneTX 45,914]

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic involves that aspect. ***

[JDWright 30]

Enter, get married, file AOS, EAD, AP all in one big file. EAD/AP takes 75-90 days to process after which she may leave the US to visit wherever she wants. However AP doesn't not mean she can up and leave for 10 months and come back. Please keep in mind she has to spend a certain amount of time in the US to not qualify as abandoning her case or future green card.

[baron555 934]

I realize the AOS is a pretty long process, but she only needs the AP to travel it seems.

Yes, it is only needed to be able to re-enter into the US.

We could file for all 3, get the EAD and AP in 2-3 months it looks like,

Yes

and wait out the AOS time back in Mexico if we had to?

Yes....but.....see later comments.

I guess my main question is can the EAD and AP run simultaneously, or one has to be after the other?

No they are processed simultaneously and I believe these days USCIS is issuing combo EAD/AP cards.

Are we looking at 3 months after we marry for both

Yes, you could also do an InfoPass meeting and request an expedite if needed.

, or 3 months for one and 3 more months for the other? And I am understanding that her getting that would allow her to travel out and re-enter, right?

Remember that the GC is for permanent residence in the US, the minimum is 6 months within the year. So, if you move back to Mexico and stay longer than 6 months, she will be effectively abandoning the GC and using it later may still be denied re-entry to the US. If you plan to remain outside the US for longer, then you'd want to file for a CR-1 Spousal visa for her before you return.