K1/K2 - travelling under AP

[Helen Quail 28]

Hi

I am about to apply for AOS, AP an EAD for myself and my  four children.

My question is on behalf of two of my teenage sons as to what time period they can travel back to visit friends and family for without it being problematic. I know 

a few weeks is ok but that what about 1  - 3 months ?

I  understand this may be discretionary. I saw 90 days somewhere but that maybe for other visa types.

Thank you

[Roel 7,193]

The main rules is they have to spend more time in the US, than anywhere else.

 

[Helen Quail 28]

On 9/1/2018 at 11:57 PM, Roel said:

The main rules is they have to spend more time in the US, than anywhere else.

 

ok ...thanks. Pretty general ( which isn't typical for immigration  ) 

Thank you

[Helen Quail 28]

Does anyone else have some current feedback on longer travel under AP?  We have the EAD/AP card just now and my 18-year-old son has been here just over 6 months and wants to go back to the UK for about five months for his dad's wedding and other things. I'm feeling 4 - 5 months should be ok as long as he takes supporting paperwork etc. I know they cover themselves that re-entry is discretionary. Any relevant feedback? Thanks

Edited February 26, 2019 by Helen Quail

[C90 376]

4 hours ago, Helen Quail said:

Does anyone else have some current feedback on longer travel under AP?  We have the EAD/AP card just now and my 18-year-old son has been here just over 6 months and wants to go back to the UK for about five months for his dad's wedding and other things. I'm feeling 4 - 5 months should be ok as long as he takes supporting paperwork etc. I know they cover themselves that re-entry is discretionary. Any relevant feedback? Thanks

The following rule applies for LPR's. It might be the same for AP (although that's only good for one year)

 

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more. (https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return)

 

But as stated before, your son needs to be in the States more time then anywhere else. Expect questions on why he stayed in the UK for that long. 

 

Also keep in mind that, although the chances are pretty slim, his green card interview letter could come in while he's in the UK. So he might have to come back earlier for that.

[Helen Quail 28]

16 hours ago, C90 said:

The following rule applies for LPR's. It might be the same for AP (although that's only good for one year)

 

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more. (https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return)

 

But as stated before, your son needs to be in the States more time then anywhere else. Expect questions on why he stayed in the UK for that long. 

 

Also keep in mind that, although the chances are pretty slim, his green card interview letter could come in while he's in the UK. So he might have to come back earlier for that.

Thank you! As it turns out very surpringly today I got notification we are being scheduled for interview! Our estimate was late August on (and we all know is that these timings usually slide!). So now we wait to hear when the interview is. About a month ? And I know he'll then have to wait for GC issue, yes?

Thanks!

[C90 376]

8 hours ago, Helen Quail said:

Thank you! As it turns out very surpringly today I got notification we are being scheduled for interview! Our estimate was late August on (and we all know is that these timings usually slide!). So now we wait to hear when the interview is. About a month ? And I know he'll then have to wait for GC issue, yes?

Thanks!

Congrats! Interview is usually about one month after interview notice is sent. 

Some people get approved on the spot, others get approved after a few days and others have to wait 3 months. There's also always the possibility of RFE, so make sure you take everything to avoid this.

[Helen Quail 28]

1 hour ago, C90 said:

Congrats! Interview is usually about one month after interview notice is sent. 

Some people get approved on the spot, others get approved after a few days and others have to wait 3 months. There's also always the possibility of RFE, so make sure you take everything to avoid this.

Thank you! I'm going for approved then and there 😉😀. Had two RFEs with K1 so will be prepared