AOS forms

[micman 0]

Here's my question. My wife will not be working or traveling outside the US while we are waiting for the AOS/Permanent resisdence statis/temp green card. Do I need to submit and pay for the I-765, Application for Employment Authorization and the I-131, Application for Travel Document?? My understanding is that when the temp green card arrives my wife will be able to work in the US and travel outside the US. Am I understanding this correctly?

[Not Available 0]

The EAD and Advanced Parole documents are completely optional. If you do not want them, you do not have to file for them When your wife recieves her green card she may travel and work

[Kez/JWolf 6]

I agree with Stina.... they are optional... But the EAD is a good form of ID and is needed in most states to get a Driving Licence in maried name...

Kezzie

[Autumnal 25]

You don't have to obtain either the AP or the EAD. It's completely up to you and your wife if you feel they are worth getting.

Questions you may consider:

o What will your wife do if there is a problem back home and she needs to return to Thailand?

o If someone offers her a great opportunity to work, will she be interested in taking them up on it?

o Does she want photo ID issued by the US government?

o Is she getting a driver's license?

If the answer is 'yes' to any of these, or you might spend some time abroad with her (like seeing the UK, Bahamas, Canada, etc.) then an AP or an EAD might not be a bad idea. Personally I think the EAD is worth having because you never know when you might need it and it's official ID.

[motu 6]

Knowing that my wife won't learn enough English by the time she can work - I didn't apply for EAD. And she was Ok with not being able to travel in the next 12 months (when she arrived) - so I didn't spend the money for AP either. We had out AOS interview in February so I think we did everything correctly - for our circumstances (she doesn't drive and may not want to drive either.) Hopefully the Green card will arrive any day now and we will be 'normal'

[CWR 0]

You don't have to obtain either the AP or the EAD. It's completely up to you and your wife if you feel they are worth getting.

Questions you may consider:

o What will your wife do if there is a problem back home and she needs to return to Thailand?

Isn't there something like an emergency AP for such cases....?

I am also interested in the answer, because I as well have only filed for AOS, and not for AP, but I had assumed that if I really NEEDED to get out of the country (e.g. if a family member in Germany got really sick) that I would be able to obtain an emergency AP.....please tell me that that is true

[Autumnal 25]

CWR, there is an emergency AP but if there's a reason she might want to go home and wouldn't normally qualify, it leaves that option open. For example, if a family friend was having an awful time of it; she gets a major bout of homesickness; she wants to observe a particular tradition/festival/celebration.

I'm not talking about family members being ill, but that category of events that are/were important and significant to her, but not necessary deemed an emergency to USCIS.

[j&js 0]

I believe that in most states you can get a driver's license once you get a SSN anyways

[hcj 0]

Isn't there something like an emergency AP for such cases....?

I am also interested in the answer, because I as well have only filed for AOS, and not for AP, but I had assumed that if I really NEEDED to get out of the country (e.g. if a family member in Germany got really sick) that I would be able to obtain an emergency AP.....please tell me that that is true

Sort of. IMO emergency APs are a little hit or miss and definitely stressful to get.

If you had an AP you could get on the next flight out if need be. If you don't have an AP you have to get the relatives in Germany to fax you evidence of the emergency, wait until USCIS offices open (for example you get the news Friday afternoon on a long weekend, there would be nothing you can do until USCIS opens back up on Tuesday morning, if you can even get in that quickly), and then hope you filled out the form correctly and got the photos taken correctly AND that you get a nice officer, so you can get an AP granted on the spot.

BTW a lot of people getting "emergency" AP have already filed for their AP but just haven't received it yet. Don't know if that makes getting it any easier.

*************************

FOR THE OP: No requirement to get EAD or AP. However, IMHO having EAD makes life a lot easier because it's easy "proof" that one is here legally, and having AP gives great peace of mind, just in case anything were to happen back home. It's like getting insurance.

EDITED because I always forget the new site software lumps all my replies together! Ugh!

Edited March 28, 2006 by hcj

[CWR 0]

Hmmmm....now I actually feel that maybe I SHOULD have applied for the regular AP.....

Well, I guess I'll just have to hope that nothing happens and my family is going to be ok

And, of course, hope that my AOS will be approved in record time

[hcj 0]

Hmmmm....now I actually feel that maybe I SHOULD have applied for the regular AP.....

Well, I guess I'll just have to hope that nothing happens and my family is going to be ok

And, of course, hope that my AOS will be approved in record time

Well you're in Alaska, hopefully things are moving quickly up there. And if not, hopefully you aren't too far from Anchorage and hopefully they're easier to deal with there than in a big office like New York or Los Angeles.

If you do want to apply for AP "just in case" -- you still can. Nothing says I-131 has to go with the AOS package.

[CWR 0]

If you do want to apply for AP "just in case" -- you still can. Nothing says I-131 has to go with the AOS package.

Thanks, maybe I should consider that. The only thing that really stopped me from applying was - of course- the money. It seemed like such a large amount of money to pay if I wasn't planning on using it at all, just in an emergency, and at the moment, we are pretty strapped financially anyway.....on the other hand, of course I would want to be on the first plane if something happened to my family in Germany....who wouldn't?

Well, thanks again,

CW

[hcj 0]

If you do want to apply for AP "just in case" -- you still can. Nothing says I-131 has to go with the AOS package.

Thanks, maybe I should consider that. The only thing that really stopped me from applying was - of course- the money. It seemed like such a large amount of money to pay if I wasn't planning on using it at all, just in an emergency, and at the moment, we are pretty strapped financially anyway.....on the other hand, of course I would want to be on the first plane if something happened to my family in Germany....who wouldn't?

Well, thanks again,

CW

I know what you mean. Check out the timelines and processing times for Alaska. I think it's one of the faster offices. Anyway no guarantee that you will be processed at the same rate as everyone else, of course, but it's a guideline and can inform your decision of whether or not to apply for AP now. And of course the chances of you needing to use AP are probably pretty low.

[CWR 0]

I know what you mean. Check out the timelines and processing times for Alaska. I think it's one of the faster offices. Anyway no guarantee that you will be processed at the same rate as everyone else, of course, but it's a guideline and can inform your decision of whether or not to apply for AP now. And of course the chances of you needing to use AP are probably pretty low.

Well, under processing times it says "August 2005". I guess that's not too bad, but I just filed AOS this month, so it seems a long ways away.....

Checking the timelines proved be a slightly shocking experience

There was only one other couple who has already applied for AOS (almost exactly one year ago, no approval yet!), and they posted the following:

"They keep sending all of their replies to us over to Vermont instead of Alaska. We haven't heard from them in months"

That for sure doesn't sound too promising

Well, I guess I'll have to do some more thinking.

Thanks for all your help,

CW

[Autumnal 25]

CW, try not to worry too much. If in doubt, go schedule an InfoPass appointment. Can't imagine Alaska's going to have too many people clamouring for attention.