AOS/AP timeline - Need to travel

[vagabond_123 0]

Hi!

I am a US citizen and we filed for my wife's AOS/EAD together with AP in July, 2007. Our receipt date is July 26th and our I-485 interview dats is Nov. 6th, 2007. Though we have applied for AP also at the same time together with AOS/EAD, we have not yet received it yet. We did an Infopass and they told us they are doing background check currently for the AP. We want to travel to India in Nov., preferably on Nov. 7th (one day after the interview). Regarding that I have the following questions:

1. What should we expect at the I-485 interview on Nov. 6th if everything goes fine? Would they stamp my wife's passport with the A# indicating her green card is approved and she can travel?

2. What would be the next steps after the I-485 interview on Nov. 6th? Can we be away for one month after that if we get our AP in time?

3. I see that the AP timeline is about 68 days on average. If that is true for us as well and we get it in time before our interview, can we travel on Nov. 7th even if they would ask for more documents in the interview? Can we ask them for one month's extension because we are traveling?

Thanks a lot for your help!

[ELW 5]

Hello! We did not file for AP but I've read a lot on VJ. Yes often the AP is granted before the AOS interview, but currently USCIS is backed up with tons of applications (due to the rush of files because of the fee increase) and it is possible you might not get it. Even if the AP is granted, it takes time for it to arrive in your mailbox. I think Nov 6th is cutting it too close and you probably need to reschedule your trip to India.

At the I-485 interview, if the background check is complete, most likely you will be approved. However, again, it takes time for the green card to come. Our interview was on Sept 18 and we still haven't received the green card, therefore, my hubby cannot travel abroad. Most offices do not give any stamp in passport or other paperwork that the application has been granted; we didn't get anything.

There is a way to get an emergency AP, I copied the below info from a post on VJ. That could be your only option if you haven't got approved by mid-October. (However I don't know how you would do this, as you already paid the fee and the case is pending.)

Hopefully someone with experience can add to my comments. Good luck!

"AP, My experience

God forbid anyone needs to apply for emergency AP but here is the process if you do:

Schedule an interview through InfoPass (http://infopass.uscis.gov) and choose the option "I wish to speak with an immigration officer".

On the day of your appointment, bring your completed I-131 Application for Travel Document and a money order made payable to the US Department of Homeland Security. (They will not accept personal checks.) Don't forget your passport-style photographs.

Leave your cell phone in your car.

Provide evidence of your emergency and be ready to explain the situation.

They will call you when the travel document is ready. (I was told one or two business days but it was ready the next morning.) Only the applicant may pick up the package. They will not give it to anyone else.

Know your A# or bring a document with you which shows your A#.

Please keep in mind that this information is based on my own experience at Orlando. It may be different at other offices. If you have already applied for AP through the regular channels but have not yet received it, I would imagine that you would bring evidence of your application and receipt showing payment so that you do not pay twice. Maybe someone with experience on that can comment."

[Cassie 8]

Hi!

I am a US citizen and we filed for my wife's AOS/EAD together with AP in July, 2007. Our receipt date is July 26th and our I-485 interview dats is Nov. 6th, 2007. Though we have applied for AP also at the same time together with AOS/EAD, we have not yet received it yet. We did an Infopass and they told us they are doing background check currently for the AP. We want to travel to India in Nov., preferably on Nov. 7th (one day after the interview). Regarding that I have the following questions:

1. What should we expect at the I-485 interview on Nov. 6th if everything goes fine? Would they stamp my wife's passport with the A# indicating her green card is approved and she can travel?

2. What would be the next steps after the I-485 interview on Nov. 6th? Can we be away for one month after that if we get our AP in time?

3. I see that the AP timeline is about 68 days on average. If that is true for us as well and we get it in time before our interview, can we travel on Nov. 7th even if they would ask for more documents in the interview? Can we ask them for one month's extension because we are traveling?

Thanks a lot for your help!

1. If you are approved at the time of your interview, make sure you request and receive the stamp. You will not be able to travel out of the country otherwise (unless your AP arrives before then). If you have your AP paperwork in hand before the interview, the stamp isn't as necessary, but if you want to have backup insurance, ask for the stamp. If you aren't approved or your approval is deferred and you don't have your AP paperwork in hand you will not be permitted back into the US if you leave.

2. You can be away from the country after the interview, if you have your paperwork in order. It depends on the speed of the service centre that you are dealing with how quickly you will receive your card in the mail. The officer at your interview should give you an approximate idea of the current times for receiving the card. For example, I was told it would take around 3 weeks to a month -- he was right. If you think it will come in the mail while you are gone, I'd make sure I had someone I trusted picking up my mail to hold it in a safe place until you got back.

3. Yes you will be able to travel. My approval was deferred and I was very concerned about the ability to travel at a moment's notice because at the time my mom was seriously ill with leukemia. I was told to continue using my AP. However, I really don't think they will give you an extension to get information back to them because you chose to leave the country for a month. I personally wouldn't cut your vacation so close to the interview, IMHO.

[John & Annie 0]

1. What should we expect at the I-485 interview on Nov. 6th if everything goes fine? Would they stamp my wife's passport with the A# indicating her green card is approved and she can travel?

Probably not, they do not stamp them routinely anymore. you can ask if you are approved.

2. What would be the next steps after the I-485 interview on Nov. 6th? Can we be away for one month after that if we get our AP in time?

yes, but if they request more evidence you will be given a time line to get it back in

3. I see that the AP timeline is about 68 days on average. If that is true for us as well and we get it in time before our interview, can we travel on Nov. 7th even if they would ask for more documents in the interview? Can we ask them for one month's extension because we are traveling?

do not count on averages with immigration, the application states 90 days for AP, plan on nothing less. You can ask and it would probably depend on the mood of the officer. Your best bet is to be armed with as much information of co-habitation as possible. Joint leases, insurance, bills, car registrations...etc.

Edited September 27, 2007 by John & Annie