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Filed: Timeline
Posted

Hi all,

Long time lurker, and this is my first question. My husband and I are finalizing our I-130-I485 application, and hope to send everything off in the next couple of days. He's the citizen, and I am the foreign spouse.

I have read 100s of the topics on here that relate to getting/using AP during this process, but I still have some questions and was wondering if anybody could help me out. First, I have an overstay. A fairly long one. My last (legal, inspected) entry to the US was in June 2012. Because of this, we hired an attorney to help us with the paperwork and coach us through the process, rather than do it ourselves.

It had been my intention all along to apply for both EAD and AP. However, the attorney who is helping us has refused to submit the application for AP as I am ineligible due to my overstay. The way I previously understood it, was that AP was granted to essentially everyone who applies, and that although there is of course risk in using it to travel abroad while your application is pending, that technically a departure with advance parole doesn't trigger the bans and you should be allowed back in.

The attorney we are using just won't entertain this idea. I really don't like it though. I want to apply and have the AP in hand just in case anything happens at home between now and me being approved for my GC. I don't have any plans to go home before I get my GC (I've waited this long!), but I want it as backup in case I need to tend to my family or in case something happens. I'm not a risk taker, but if my choice in that situation is between (1) having to leave and have a 10% chance of getting back in as I have a valid AP document, and (2) having to leave and having zero chance to get back in as I will have abandoned my petition by leaving, it is surely a no brainer?

Aside from this disagreement, the attorney has been great and helpful. My husband is leaning toward following his advice and to not apply for AP, but he said he will support whatever I choose to do. What are your thoughts on this? And, how possible would it be to just file that form myself anyway (would my attorney know since he is entering a notice of appearance on our behalf)?

Thank you so very much in advance.

Filed: K-1 Visa Country: Wales
Timeline
Posted

What is the harm in applying even if the Lawyer was of the view that you should not use it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

His words were, to the effect of: "USCIS issues documents to everyone who applies, whether or not they are eligible or legally able to use them. You are not eligible. Our office NEVER files frivolous petitions. You are not eligible for advance parole."

I have to say, the severity of the response did spook my husband a little bit (though my initial reaction was what an idiot, lol).

Filed: K-1 Visa Country: Wales
Timeline
Posted

True that they do not check to see if you can use it, but the rules changed some years ago.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Hungary
Timeline
Posted

First: you did not need a lawyer. But that's beside the point as you already have one.

Second: file for AP. Include a copy of the NOA1 for your I-485, so it's free.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Timeline
Posted

Thanks all. Should I file it on my own (not through the lawyer) when I get my NOA1, since he's said he won't do it? Do you think it will be obvious to him that I applied for it, or will the updates be interpretable as the EAD card being processed? Does that make sense? Not that he can really do anything after all the papers have been submitted of course, but we were hoping to use him to consult with to prep for our interview. I'd prefer not to damage the relationship!

Posted

I would not use a lawyer at all. If you came here legally and overstayed, then you're case is not complicated overstaying is forgiven for spouses of US citizens. Then you are free to file whichever forms your like without paying someone else for something you can do yourself. Even if you don't/can't travel, save your money :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Posted

So if you get the AP and leave, but don't get back in...what are your plans?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: Wales
Timeline
Posted

Must admit I used AP a few times and made no plans if I did not get in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

So if you get the AP and leave, but don't get back in...what are your plans?

I don't plan to use it. Unless someone literally in my immediate family dies. Touch wood that doesn't happen. If it did, and they didn't let me in, my husband will move back with me (and be responsible on this end for coming back to the USA and upheaving all of our belongings!!). But I feel like the chance of getting back in with it, is substantially greater than the zero possible chance of me getting back in without it. Being an inherently non risky person myself, I want it "just in case."

Filed: AOS (pnd) Country: Hong Kong
Timeline
Posted

you should still go ahead and file EAD, just have him prepare your document but dont put the lawyer's name on it.

Usually lawyer wont take the risk to officially present you for something that they are not sure, but they can still do the paperwork for you since you've already paid him.

In my opinion, there's no harm to file it. Worst case, it will get rejected, that's it.

Hi all,

Long time lurker, and this is my first question. My husband and I are finalizing our I-130-I485 application, and hope to send everything off in the next couple of days. He's the citizen, and I am the foreign spouse.

I have read 100s of the topics on here that relate to getting/using AP during this process, but I still have some questions and was wondering if anybody could help me out. First, I have an overstay. A fairly long one. My last (legal, inspected) entry to the US was in June 2012. Because of this, we hired an attorney to help us with the paperwork and coach us through the process, rather than do it ourselves.

It had been my intention all along to apply for both EAD and AP. However, the attorney who is helping us has refused to submit the application for AP as I am ineligible due to my overstay. The way I previously understood it, was that AP was granted to essentially everyone who applies, and that although there is of course risk in using it to travel abroad while your application is pending, that technically a departure with advance parole doesn't trigger the bans and you should be allowed back in.

The attorney we are using just won't entertain this idea. I really don't like it though. I want to apply and have the AP in hand just in case anything happens at home between now and me being approved for my GC. I don't have any plans to go home before I get my GC (I've waited this long!), but I want it as backup in case I need to tend to my family or in case something happens. I'm not a risk taker, but if my choice in that situation is between (1) having to leave and have a 10% chance of getting back in as I have a valid AP document, and (2) having to leave and having zero chance to get back in as I will have abandoned my petition by leaving, it is surely a no brainer?

Aside from this disagreement, the attorney has been great and helpful. My husband is leaning toward following his advice and to not apply for AP, but he said he will support whatever I choose to do. What are your thoughts on this? And, how possible would it be to just file that form myself anyway (would my attorney know since he is entering a notice of appearance on our behalf)?

Thank you so very much in advance.

Currently on H1B in New York City. Filed for AOS in Apr 2016.
02/05/2016 : Civil ceremony at New York city hall
04/02/2016 : Mailed in the AOS package (130, 485, 131, 765)
04/14/2016 : Chicago office cashed the checks
04/20/2016 : Receipts received by mail
05/09/2016 : Biometric appointment
07/01/2016 : EAD/AP approved
07/09/2016 : EAD/AP combo card received
Posted

I don't plan to use it. Unless someone literally in my immediate family dies. Touch wood that doesn't happen. If it did, and they didn't let me in, my husband will move back with me (and be responsible on this end for coming back to the USA and upheaving all of our belongings!!). But I feel like the chance of getting back in with it, is substantially greater than the zero possible chance of me getting back in without it. Being an inherently non risky person myself, I want it "just in case."

I would caution you to examine the United Kingdom's spousal immigration criteria before settling on this plan. It's not as simple as him moving right over. You would need to find a job with at least £18,000 yearly salary assuming you have no children. In your scenario where you use AP due to a family death, I highly doubt your priority will be lining up a new job over in the UK.

Alternatively, you would need a cash savings of £62,000 on hand if you do not have a job. I noticed in another thread you mentioned both you and your husband are high income earners, but the requirements are that the assets come from the UK citizen only.

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

Filed: Timeline
Posted

I would caution you to examine the United Kingdom's spousal immigration criteria before settling on this plan. It's not as simple as him moving right over. You would need to find a job with at least £18,000 yearly salary assuming you have no children. In your scenario where you use AP due to a family death, I highly doubt your priority will be lining up a new job over in the UK.

Alternatively, you would need a cash savings of £62,000 on hand if you do not have a job. I noticed in another thread you mentioned both you and your husband are high income earners, but the requirements are that the assets come from the UK citizen only.

Thanks for this. I know it wouldn't be easy, just as it is not easy on this end, but being separated just isn't an option.. he's my husband. You're right, it would be a lot of effort to start from the beginning of the immigration journey on the UK side of things, but that's all we can do. Hopefully it doesn't come to that! :)

Filed: AOS (apr) Country: Canada
Timeline
Posted

i overstayed too for 3yrs and i did not use or file AP.. their is a chance they can deny you and a long overstay to me wasnt worth it.. i mean you were here since 2012 and managed, what is another few months? Maybe you will be OK but the chance to me isnt worth it... and an overstay is forgiven when married to a USC so it is not a big deal, you dont need a lawyer! The interviewer didnt even ask one question about my overstay. not one! not why did it happen or whatever!!

i did hear that AP is not immediately granted, although i havent heard of a story saying otherwise!

 
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