Questions on only filing AP and about K2

[ayceman 3]

Okay I did a search and could not find anything, I am about to send the AOS for my wife but we will not be applying for EAD since she is just taking english classes and will be for some time but we want AP (advance parole). This should not be a problem? Also for those who have submitted K2 AOS have you guys sent this package separately? Or in the same package? Also what is the verdict on paying the fees on one check instead of two? Also if we do not file for EAD then I can assume bio metrics will not be needed?

Edited November 16, 2016 by ayceman

[Hypnos 6,576]

She should still apply for an EAD since it's free. There is no downside to doing so.

Biometrics is needed for I-485 and I-765.

[Cheezees 1,514]

I would urge you to apply for the EAD at it is free and you never know if it may come in handy later on. By current timelines, the EAD would be received before the issuance of the GC. I have read about USC spouses losing their jobs during the AOS and being grateful that the foreign spouse was able to work. Good luck on your journey!

[MariaR323 199]

Okay I did a search and could not find anything, I am about to send the AOS for my wife but we will not be applying for EAD since she is just taking english classes and will be for some time but we want AP (advance parole). This should not be a problem? Also for those who have submitted K2 AOS have you guys sent this package separately? Or in the same package? Also what is the verdict on paying the fees on one check instead of two? Also if we do not file for EAD then I can assume bio metrics will not be needed?

I'm chiming in on filing the EAD as well. As others have said, it's free and it's a one page form so it's even easier than the AP form - why not just do it.

As far as the K2, make sure you separate them so they can easily recognize it's two individuals. By this I mean, your K1 has her packet (or folder per say) and your K2 has his/her packet and each packet contains their case filings. Make sure you send them together in the same mailing pak/box.

I highly suggest paying everything together with one check and indicating that on the memo portion of the check and in the cover letter maybe as well. You want to do this because if something goes wrong and say the K2 packet gets rejected for some reason... you'd have to refile but paying the higher fee since it wouldn't be considered concurrent filing with the K1 parent.

[ayceman 3]

I'm chiming in on filing the EAD as well. As others have said, it's free and it's a one page form so it's even easier than the AP form - why not just do it.

As far as the K2, make sure you separate them so they can easily recognize it's two individuals. By this I mean, your K1 has her packet (or folder per say) and your K2 has his/her packet and each packet contains their case filings. Make sure you send them together in the same mailing pak/box.

I highly suggest paying everything together with one check and indicating that on the memo portion of the check and in the cover letter maybe as well. You want to do this because if something goes wrong and say the K2 packet gets rejected for some reason... you'd have to refile but paying the higher fee since it wouldn't be considered concurrent filing with the K1 parent.

Thank you thank this is exactly what I needed ok we will go ahead and go for the EAD, plus I plan on expediting her AP (she cares for her sick mom in Tijuana) we have been crossing back and forth on the K1 but the I94 is about to expire so not sure if they will continue letting her back in but so far we have crossed ten times without issue.

[MariaR323 199]

Thank you thank this is exactly what I needed ok we will go ahead and go for the EAD, plus I plan on expediting her AP (she cares for her sick mom in Tijuana) we have been crossing back and forth on the K1 but the I94 is about to expire so not sure if they will continue letting her back in but so far we have crossed ten times without issue.

I'm literally in shock! The K-1 Visa allows for only ONE initial entry into the U.S. and then it's invalid - or should have been.

I don't know if it's been solely and purely good luck from high above (because of her mom being sick) or if there's something I'm missing here but from everything I know the K-1 only allows that one entry to get married and then file AOS (without leaving the U.S.).

[Hypnos 6,576]

Yeah, your wife should absolutely not have been re-admitted on her K-1 after you were married.

Before marriage may be possible under a special process called automatic revalidation, but that's very rare and is used on a case-by-case basis, usually for one-off exigent situations.

Continually entering over and over again on a K-1 is unheard of, and may cause you problems at the interview.

[ayceman 3]

Yeah, your wife should absolutely not have been re-admitted on her K-1 after you were married.

Before marriage may be possible under a special process called automatic revalidation, but that's very rare and is used on a case-by-case basis, usually for one-off exigent situations.

Continually entering over and over again on a K-1 is unheard of, and may cause you problems at the interview.

Hi there actually you are right and wrong the automatic validation is not a one off process it is used fairly regularly at the land crossing San Ysidro...What probably has you confused is that she is not seeking readmission based on her K-1 visa it is based on her valid paper I94 which is issued still at San Ysidro for a cost of 9.00 which as stated on the paper it allows multiple entries when we crossed again tonight so make that 11 entries. We presented the I94 and her passport and she is allowed in without question well outside of purpose of trip where are you going. But again you are seeking readmission based on the valid I-94 not the K-1. Now once we submit the AOS obviously we will request advanced parole in an expedited fashion. This has been verified by CBP on several occasions we even went to secondary inspection where you can request a paper I-94 and it was given without question.

Edited November 17, 2016 by ayceman

[ayceman 3]

I'm literally in shock! The K-1 Visa allows for only ONE initial entry into the U.S. and then it's invalid - or should have been.

I don't know if it's been solely and purely good luck from high above (because of her mom being sick) or if there's something I'm missing here but from everything I know the K-1 only allows that one entry to get married and then file AOS (without leaving the U.S.).

Hi there we cross based on possessing a valid I-94 that you pay $9.00 at San Ysidro for, it states multiple entries allowed and this is allowed for obviously the 90 days of initial entry based on the K-1 . Obviously the confusion with some on here is that yes the K-1 is one time use but the automatic re validation rule applies on land crossing routes provided you have a valid I-94 and are within the time frame of your allowed stay. We just crossed tonight again the only question purpose of trip and where are you going. So lets make that 11 trips at San Ysidro when you cross for the first time with a K-1 you are sent to secondary from there you can pay for a paper I-94 that will show multiple entries allowed. Obviously when the AOS is submitted we will apply for emergency advanced parole or go to the office at San Ysidro and request permission (which can be granted). Most here are too used to leaving the country via air and re entering. Thanks again for the advice I am finishing up everything and hopefully it is smooth sailing.

Edited November 17, 2016 by ayceman

[Hypnos 6,576]

I'm not overly familiar with that; hopefully it won't cause any issues down the line.

[ayceman 3]

I'm not overly familiar with that; hopefully it won't cause any issues down the line.

I should hope not but if it does I will definitely post for future reference

[MariaR323 199]

I should hope not but if it does I will definitely post for future reference

Good luck and yes, please keep us posted with any developments in your case