AOS Pending but want to get AP

[esty1973 4]

HI Guys

 

My husband's AOS is STILL pending. The waiting game is real.

I know I should have applied for the AP a while back but I didn't think the AOS would take this long. I thought I would have gotten the GC by now.  Anyways, My question is the following, I applied the AOS and EAD as a combo originally- 1 price for both.  If I were to apply for the AP now,  would I need to pay for this as well $ 660.0 with Bio fee? or do I not pay?  not sure if am reading the filing fee correctly. I originally thought you could only pay for the AOS plus EAD or AOS plus AP. 

 

You do not need to pay an additional fee for Form I-131 if:

• You are filing Form I-131 Application Type B or D;
• You filed a Form I-485 with a fee on/after July 30, 2007; and
• Your Form I-485 is still pending.

 

 

please clarify for me if you can... we are getting desperate. 

 

thanks

 

 

 

Edited May 18, 2018 by esty1973

[Going through 5,671]

14 minutes ago, esty1973 said:

HI Guys

 

My husband's AOS is STILL pending. The waiting game is real.

I know I should have applied for the AP a while back but I didn't think the AOS would take this long. I thought I would have gotten the GC by now.  Anyways, My question is the following, I applied the AOS and EAD as a combo originally- 1 price for both.  If I were to apply for the AP now,  would I need to pay for this as well $ 660.0 with Bio fee? or do I not pay?  not sure if am reading the filing fee correctly. I originally thought you could only pay for the AOS plus EAD or AOS plus AP. 

 

You do not need to pay an additional fee for Form I-131 if:

• You are filing Form I-131 Application Type B or D;
• You filed a Form I-485 with a fee on/after July 30, 2007; and
• Your Form I-485 is still pending.

 

 

please clarify for me if you can... we are getting desperate. 

 

thanks

 

 

 

You are fine to apply after the i-485 was submitted, without a fee, since it's still pending.

I would suggest you include a cover letter and a copy of the i-797 NOA letter so that there's no confusion over not including the i-131 fee when they receive your AP application.

[geowrian 22,337]

Yup, you can still for AP. Send a copy of the I-485's NOA1 in lieu of payment.

[Cyberfx1024 7,980]

37 minutes ago, esty1973 said:

HI Guys

 

My husband's AOS is STILL pending. The waiting game is real.

I know I should have applied for the AP a while back but I didn't think the AOS would take this long. I thought I would have gotten the GC by now.  Anyways, My question is the following, I applied the AOS and EAD as a combo originally- 1 price for both.  If I were to apply for the AP now,  would I need to pay for this as well $ 660.0 with Bio fee? or do I not pay?  not sure if am reading the filing fee correctly. I originally thought you could only pay for the AOS plus EAD or AOS plus AP. 

 

You do not need to pay an additional fee for Form I-131 if:

• You are filing Form I-131 Application Type B or D;
• You filed a Form I-485 with a fee on/after July 30, 2007; and
• Your Form I-485 is still pending.

 

 

please clarify for me if you can... we are getting desperate. 

 

thanks

 

 

 

You can file for EAD without having to pay for the fee but just be advised it is taking about 90 days now to get it. 

[esty1973 4]

thanks guys for the advice, I will send out the AP documents tomorrow. I'll keep you posted.  

[javadown2 308]

On 5/18/2018 at 2:15 PM, esty1973 said:

HI Guys

 

My husband's AOS is STILL pending. The waiting game is real.

I know I should have applied for the AP a while back but I didn't think the AOS would take this long. I thought I would have gotten the GC by now.  Anyways, My question is the following, I applied the AOS and EAD as a combo originally- 1 price for both.  If I were to apply for the AP now,  would I need to pay for this as well $ 660.0 with Bio fee? or do I not pay?  not sure if am reading the filing fee correctly. I originally thought you could only pay for the AOS plus EAD or AOS plus AP. 

 

You do not need to pay an additional fee for Form I-131 if:

• You are filing Form I-131 Application Type B or D;
• You filed a Form I-485 with a fee on/after July 30, 2007; and
• Your Form I-485 is still pending.

 

 

please clarify for me if you can... we are getting desperate. 

 

thanks

 

 

 

So did I read your timeline right, you filed for your AOS in December of 2016??? Is this outside the normal timeline for an AOS? What was your RFE about? 

[esty1973 4]

@javadown2 yes you did read that correctly. The RFE was for a spot I missed my name on and basically had to resend the package with the same but updated info which they received 2.27.2017. It's been very discouraging waiting for my husband to get the GC to be approved. We  have gone to the field office a couple of times and they keep telling us its in Lee's Summit, Mo. They are only waiting on Cuba to reply as to what they "see" on their screen. Until when is my answer, I told them I'm hoping they didn't lose his documents. the only other good thing they mentioned we wouldn't have an interview which is a bonus. 

 

Now i'm applying for the AP cause i'm not sure when the GC will appear. is mother is elderly and he would like to see her.

Do you have any other suggestions on what I can do? 

thanks esther

[javadown2 308]

8 hours ago, esty1973 said:

@javadown2 yes you did read that correctly. The RFE was for a spot I missed my name on and basically had to resend the package with the same but updated info which they received 2.27.2017. It's been very discouraging waiting for my husband to get the GC to be approved. We  have gone to the field office a couple of times and they keep telling us its in Lee's Summit, Mo. They are only waiting on Cuba to reply as to what they "see" on their screen. Until when is my answer, I told them I'm hoping they didn't lose his documents. the only other good thing they mentioned we wouldn't have an interview which is a bonus. 

 

Now i'm applying for the AP cause i'm not sure when the GC will appear. is mother is elderly and he would like to see her.

Do you have any other suggestions on what I can do? 

thanks esther

It sounds like you've covered your bases on what you can do, as murphy's law goes I'm sure his GC AND the AP will arrive at the same time! 

 

When we filed for my wife we never did see the AP because her GC was approved well before the AP went through. 

[esty1973 4]

yes that's great. 

We'll will be patiently waiting on this GC. 

 

thanks again.