Is there a limit to how many times you can use AP?

[Cndn 98]

I have used my AP about four times already. Is there any limit to how many times you can use the AP card to enter the US? So far the border guards have not said so, but they have started to pull me into secondary to give me a stamp and “parole me”. Apparently they were always supposed to be doing this but not every officer knows what to do with AP and twice I was able to just breeze through with no stamp. Being pregnant, I’ve been staying with my mom a lot because it’s been a tough pregnancy and she’s taking care of me. My husband works crazy hours so it just makes sense right now to spend more time at her house and she helps me quite a bit. I’m still undergoing prenatal care in the states and delivering there, despite still being covered in Canada, because I know that could jeopardize my green card application by “behaving like a resident” here in Canada. 
 

Has anyone run into problems using AP too much? Could it become an issue that I’m spending more time outside the US than in it? Is it risky to spend too much time without going back? It says my AP card doesn’t expire until nov 2020 (received in August). Thanks. 

[geowrian 22,337]

There's no hard limit for a multiple entry AP document. At the same time, you are applying for permanent residency so the expectation is that you are actually living in the US as your primary residence. Note that you are paroled, not admitted, into the country when you use AP. An IO can later make a determination that you were inadmissible.

It's exceedingly rare to be denied entry with AP. At the same time, I would suggest avoiding spending more time outside the US than in it to be on the safe side...it already sounds like they are questioning your actual physical residence being in the US.

 

Side note: I'm not too familiar with provincial care in Canada so take this with a grain of salt (hopefully other members chime in), but generally once you enter on a K-1 visa, you no longer qualify for the benefits in Canada. And it would be arguing both ways if you claim to have your permanent residence in Canada for benefits but also your permanent residence in the US for US immigration.

Edited December 1, 2019 by geowrian

[Ontarkie 14,218]

~~Moved to Working and Traveling, from AOS Family - the topic is traveling.~~

 

Mod hat off

 

There is no limit as far as I know with AP. 

It's good you haven't used the Canadian Health Care because you are not covered anymore. The second you crossed the border and had your visa endorsed you lost your health care. Canada considers your move even before you get your aos approved as a non resident of Canada. 

[Cndn 98]

6 hours ago, geowrian said:

There's no hard limit for a multiple entry AP document. At the same time, you are applying for permanent residency so the expectation is that you are actually living in the US as your primary residence. Note that you are paroled, not admitted, into the country when you use AP. An IO can later make a determination that you were inadmissible.

It's exceedingly rare to be denied entry with AP. At the same time, I would suggest avoiding spending more time outside the US than in it to be on the safe side...it already sounds like they are questioning your actual physical residence being in the US.

 

Side note: I'm not too familiar with provincial care in Canada so take this with a grain of salt (hopefully other members chime in), but generally once you enter on a K-1 visa, you no longer qualify for the benefits in Canada. And it would be arguing both ways if you claim to have your permanent residence in Canada for benefits but also your permanent residence in the US for US immigration.

It’s confusing because I haven’t read anywhere or been advised by USCIS that spending too much time outside the US on AP might be detrimental to my application for permanent residence. But yes it seems to me like they would question my time being spent out of the US. I wish there was a clear cut answer as to how much time they consider to be too much time out of the US. My AP card doesn’t expire for another year. I plan to stay with my mother in Canada for a few months after my baby is born because again, she can help me out so much. I am wondering if this might cause an issue? I might technically be spending more time in Canada than the US right now, but for all intents and purposes my residence is still in the states. I’m just visiting my mom. I wonder how they decide when too much time has been spent outside of the US while waiting for the green card? 

[Cndn 98]

3 hours ago, Ontarkie said:

~~Moved to Working and Traveling, from AOS Family - the topic is traveling.~~

 

Mod hat off

 

There is no limit as far as I know with AP. 

It's good you haven't used the Canadian Health Care because you are not covered anymore. The second you crossed the border and had your visa endorsed you lost your health care. Canada considers your move even before you get your aos approved as a non resident of Canada. 

Thank you. So you have never heard of someone spending too much time outside the US on AP and facing consequences? I can see online that being out of the country for 6+ months can raise suspicion about maintaining your US residence, but that’s for green cards. I’m assuming it’s the same for AP? I don’t plan on ever being out of the US for 180 days continuously.