Specific Dates Required for AP?

[allyrose 31]

Hi everyone! 

 

So we didn't file for AP when we filed for my husband's AOS in February, because we don't need to leave the country until December for Christmas. Anyway, we didn't think we would need AP because we thought we'd have his green card by November at the latest. Recently, we called USCIS because it's been 6 months since we filed, and they said a) it was too early to call because it needs to be 6 months since anything has progressed with the case, which would be March/April when he got his EAD, and b) the Orlando office is still processing cases from October 31st. We filed Feb 13th, so it's going to be a WHILE before they get to us. 

 

We need to go to England for Christmas, since my husband has not seen his family since January. But we can't book tickets yet and don't have specific dates, is that okay? Do we need specific dates for the AP? And also if anyone has any suggestions about how to handle this frustration or if this is normal (which is probs is) please let me know

 

Thanks! 

[Ebunoluwa 6,136]

No, you can leave it blank or write unknown.

[Ebunoluwa 6,136]

Also.....make sure you submit a NOA1 from your pending AOS with the AP application or you will get a RFE for the fee. It's free when you are or have
filed AOS. It may take 4 months to receive AP so I wouldn't wait any longer to file if you want to travel by December.

[allyrose 31]

1 hour ago, Ebunoluwa said:

Also.....make sure you submit a NOA1 from your pending AOS with the AP application or you will get a RFE for the fee. It's free when you are or have
filed AOS. It may take 4 months to receive AP so I wouldn't wait any longer to file if you want to travel by December.

Great thanks. And do you know if we check 1a) I am a permanent or conditional resident of the US and am applying for re-entry, or 1d) I am applying for an Advance Parole document to allow me to return to the United States after temporary travel? 

 

Not sure if he's classed as "conditional" while we wait for AOS, but the example doc has 1d checked. 

[Ebunoluwa 6,136]

6 minutes ago, allyrose said:

Great thanks. And do you know if we check 1a) I am a permanent or conditional resident of the US and am applying for re-entry, or 1d) I am applying for an Advance Parole document to allow me to return to the United States after temporary travel? 

 

Not sure if he's classed as "conditional" while we wait for AOS, but the example doc has 1d checked. 

You are not a conditional resident because you have not received your green card yet, neither are you a permanent resident.
You are a K1 visa holder adjusting status. 1 d) is correct.

[allyrose 31]

1 minute ago, Ebunoluwa said:

You are not a conditional resident because you have not received your green card yet, neither are you a permanent resident.
You are a K1 visa holder adjusting status. 1 d) is correct.

Sweet thanks. Have you or your spouse used AP to travel outside the country? I've heard mixed stories so we're a bit afraid. 

[Ebunoluwa 6,136]

No we have not. Our AOS has been pending since May 2015, went through EAD/AP renewal twice but you have nothing to
worry about traveling with AP.

[allyrose 31]

33 minutes ago, Ebunoluwa said:

No we have not. Our AOS has been pending since May 2015, went through EAD/AP renewal twice but you have nothing to
worry about traveling with AP.

Do you have any advice on EAD renewal? It's a yearly thing right? He got in the beginning of April and I know it takes a few months to renew. 

[Ebunoluwa 6,136]

Renew it 4 months before the EAD expiration and once it is filed you will get an automatic 180 days extension. So if the current EAD
would expire before having the renewal in hand you don't have to stop working as long as you filed for renewal.

[benboucher 8]

14 hours ago, allyrose said:

Sweet thanks. Have you or your spouse used AP to travel outside the country? I've heard mixed stories so we're a bit afraid. 

Nothing to worry about, I used it for UK twice and Canada once, no problems at all (he'll be taken to a side office for 'secondary processing' where they just check your case, sometimes ask one question other times no questions at all but takes ten minutes max depending on how busy they are)