What to do if EAD/AP Combo Card is rejected by CBP?

[Crazy Cat 41,660]

25 minutes ago, EatBulaga said:

Since I overthink, it is probably cheaper to send the foreign spouse back to the home country and abandon the AOS

Huh????   Are you serious???????????????????  I'm out!!!!!   You are blowing things way, way out of proportion...... 

 

Edited April 3, 2023 by Crazy Cat

[Lemonslice 4,798]

10 minutes ago, EatBulaga said:

@Crazy Cat @Mike E @Allaboutwaiting @OldUserThanks. 

 Since I overthink, it is probably cheaper to send the foreign spouse back to the home country and abandon the AOS, and file the CR1? That seems cheaper than hiring a litigator to charge CBP with abusing authority?

 

Yes, I like to be prepared and I do overthink.

Since the Atlanta FO wait time is up to 38.5 months, no telling when our I-485 will get processed?

So chances are we may need to plan an overseas travel sometimes in the next 3 years?

The I-131a may also come in handy.

Thanks all!

What are you talking about? Millions of immigrants have traveled without much trouble. Especially, when you have the right documents.  You might need to work on your anxiety though. 

[EatBulaga 314]

Just now, Lemonslice said:

What are you talking about? Millions of immigrants have traveled without much trouble. Especially, when you have the right documents.  You might need to work on your anxiety though. 

@Allaboutwaiting @Crazy Cat @Lemonslice Thanks for the reassurance.

I do understand that denied entry with proper documents has a very small chance.

And I understand what option is available in case that small chance occurs.

[Crazy Cat 41,660]

3 minutes ago, EatBulaga said:

And I understand what option is available in case that small chance occurs

IT WON"T HAPPEN!!!!!!!!   You cannot find that it has EVER happened!!!  Get a grip and stop worrying about things which won't happen!!!!  SMDH!!!! 

 

Edited April 3, 2023 by Crazy Cat

[powerpuff 6,619]

The answers you have received are nothing but factual and helpful. 
 

If traveling while AOS was so worrying to the extent where you’re preparing yourself for the worst possible outcome (which by the way none of us have come across in the years we’ve been here) instead of enjoying planning a vacation, then perhaps CR1 route was a better choice.
 

But it is what it is and you’re currently AOS’ing so your choices are a) not travel until GC is in hand or b) travel using an AP. I don’t see a third option here 

[Adventine 3,196]

Where is this anxiety coming from? Unless your spouse plans on doing something illegal like carrying drugs or banned items on the international trip, the chances of being denied entry are next to none. Your energy is better used on planning an enjoyable vacation.

 

Edit: I'm really trying to understand where this anxiety is coming from. It's almost like refusing to buy a house because of the tiny chance that the house might burn down in the future.

Edited April 3, 2023 by Adventine

[EatBulaga 314]

2 hours ago, Adventine said:

Edit: I'm really trying to understand where this anxiety is coming from. It's almost like refusing to buy a house because of the tiny chance that the house might burn down in the future.

But would you buy the house without fire insurance? I'd buy the fire insurance with the hope of never using it.

 

With all the time vested in waiting for the USCIS processes, the preparation, research and asking the right questions are the only tools we have to avoid losing the time vested. Or risk paying the lawyers for the same answers?

 

Edited April 3, 2023 by EatBulaga

[Adventine 3,196]

So what's your fire insurance in this case? 

 

Anyone is free to ask questions and it's best to be prepared for any eventuality, but refusing to take a short international vacation even with a valid AP in hand is way overthinking the risk. And mentioning abandoning AOS and sending the foreign spouse back home for consular processing is way overkill.

[laylalex 7,284]

As someone with a diagnosed anxiety disorder, I understand too well how thinking "what if?" about everything can end up in paralysis. My therapist tells me that for most things in life, there is no zero or one hundred percent chance that a particular thing will or will not happen. Life is complex and things can go wrong, and being prepared to handle things going wrong is a good thing. However, being prepared can become a very bad thing when it stops you from living your life because you insist on a zero or one hundred percent chance. 

 

People here have told you that the likelihood of not being permitted reentry to the US on a valid AP document is pretty much zero. Go. Travel. Live your life. Don't get paralyzed by this.

[Mike E 11,739]

2 hours ago, Adventine said:

Edit: I'm really trying to understand where this anxiety is coming from. It's almost like refusing to buy a house because of the tiny chance that the house might burn down in the future.

 

16 minutes ago, EatBulaga said:

But would you buy the house without fire insurance? I'd buy the fire insurance with the hope of never using it.

 

I think analogy is would you refuse to buy the house because you are afraid  insurance company will not pay its claim. 

 

And so, given your fears, don’t travel on AP.

 

I am out.

[JohnnyForeigner 34]

OP - is there anything in particular you are worried about?

 

Overstayed ?

Criminal record ?

Red flags ?

[EatBulaga 314]

32 minutes ago, JohnnyForeigner said:

OP - is there anything in particular you are worried about?

 

Overstayed ?

Criminal record ?

Red flags ?

Foreign spouse has none of those and is cleaner than baking soda.

 

My concern is that if our FO wait time is 38.5 months and increasing, then there is a chance that we may need to travel overseas during that time. 

And I like to know my options in case of the "perfect storm" like border closure, another pandemic, Trump re-elected, mass hysteria against immigration, etc.

 

A lot can change in 3-4 years if you just look back at all that has happened since 2019 to now. 

And in a sense, we are still paying for it on the immigration end with all the backlogs and extended wait times even those as clean as my foreign spouse. 

With all the wait times vested (see our Timeline and Profile), I like to know my options to make the best decisions like I listed for you at

https://www.visajourney.com/forums/topic/798626-a-question-regarding-advance-parole/?do=findComment&comment=10826892

 

[beloved_dingo 1,976]

52 minutes ago, EatBulaga said:

Foreign spouse has none of those and is cleaner than baking soda.

 

My concern is that if our FO wait time is 38.5 months and increasing, then there is a chance that we may need to travel overseas during that time. 

And I like to know my options in case of the "perfect storm" like border closure, another pandemic, Trump re-elected, mass hysteria against immigration, etc.

 

A lot can change in 3-4 years if you just look back at all that has happened since 2019 to now. 

And in a sense, we are still paying for it on the immigration end with all the backlogs and extended wait times even those as clean as my foreign spouse. 

With all the wait times vested (see our Timeline and Profile), I like to know my options to make the best decisions like I listed for you at

https://www.visajourney.com/forums/topic/798626-a-question-regarding-advance-parole/?do=findComment&comment=10826892

 

Statistics by AOS Office (for the last 360 days)

AOS Office	Total Records	Avg. Total Days to Interview	Avg. Days to 1st NOA	Avg. Days btw 1st NOA Biometrics	Avg. Days btw Biometrics and Interview (if interview required)	Avg. Days btw Biometrics and Decision Date	Avg. Days btw Decision Date and Receiving Green Card
Atlanta GA	5	465	22	85	358	369	8

 

Here are VJ stats for AOS through Atlanta. According to your timeline, you are ~250 days into the process. It is extremely unlikely that your AOS will still be processing another 2+ years. The processing times on the USCIS site aren't really accurate or helpful at all. An example: My FO says that N-400 takes 12.5 months, but we got our interview scheduled 9 weeks after filing. 

 

So, you are creating a worry that is prefaced on so many "what if" situations:

 

What if your AOS takes 2+ more years to finish?

AND what if you need to travel overseas during that time?

AND what if having a valid EAD/AP card causes issues with CBP? (which is unheard of)

AND what if some other once in a life time awful thing occurs that SPECIFICALLY affects people with pending AOS that are traveling with AP?

 

If you approached everything in life that way, it'd be impossible to function.

[JohnnyForeigner 34]

18 minutes ago, beloved_dingo said:

Statistics by AOS Office (for the last 360 days)

AOS Office	Total Records	Avg. Total Days to Interview	Avg. Days to 1st NOA	Avg. Days btw 1st NOA Biometrics	Avg. Days btw Biometrics and Interview (if interview required)	Avg. Days btw Biometrics and Decision Date	Avg. Days btw Decision Date and Receiving Green Card
Atlanta GA	5	465	22	85	358	369	8

 

Here are VJ stats for AOS through Atlanta. According to your timeline, you are ~250 days into the process. It is extremely unlikely that your AOS will still be processing another 2+ years. The processing times on the USCIS site aren't really accurate or helpful at all. An example: My FO says that N-400 takes 12.5 months, but we got our interview scheduled 9 weeks after filing. 

 

So, you are creating a worry that is prefaced on so many "what if" situations:

 

What if your AOS takes 2+ more years to finish?

AND what if you need to travel overseas during that time?

AND what if having a valid EAD/AP card causes issues with CBP? (which is unheard of)

AND what if some other once in a life time awful thing occurs that SPECIFICALLY affects people with pending AOS that are traveling with AP?

 

If you approached everything in life that way, it'd be impossible to function.

Interesting figures you quote from VJ.

 

While I hope they are a true average - I must say that my EAD took 8 months ( Uscis case processing time said 8 months ) and I have been waiting just over 11.5 months for AP - not arrived yet and Uscis website says 11.5 months.

 

If those figures were true - I should be expecting my interview date in another 1-3 months depending on time overall or time since biometrics.

 

Yet - another similar site has a wait of 12 months after the NBC sends the case to Atlanta - mine has not left NBC ( the "interview ready to be scheduled" date )

 

In the 2nd field of that info - it says number of records is 5.

 

Does that mean the figures are an average for 5 cases ? 

[JohnnyForeigner 34]

52 minutes ago, beloved_dingo said:

 

 

 

Below is a similar site - and their indication that the wait ( after "case ready for scheduling interview" ) for interview is 20 months.

 

 

Edited April 6, 2023 by JohnnyForeigner