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Need some advice on AP

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  • Need some advice on AP

    My son got married to a Turkish girl last week and now we are finishing up her green card application. After we get the receipt that we paid the filing fee, we will apply for AP and work document. My question is this: It is a tradition in Turkey to have another wedding in Turkey so that friends/family came come cause obviously they didn't come for the American wedding except her father/step-mother. She wants to go to Turkey and have this wedding for that reason but also because she has an elderly grandmother that has medical issues and can not travel to the states. She is worried that if she waits for her green card her grandmother can die before the card comes. Her grandmother is not on the brink of death but she is elderly and does have some medical problems but not life-threatening. She wants to be gone just a week. Do you think she will get an approval on the AP for this and is it risky to go to Turkey and then try to come back to the US even with an approved AP? I told her to wait for the green card safely in the the US but she is very stubborn and insists that she wants to go to Turkey for the wedding because she wants to see her grandma and also because she is afraid the grandma might die before the wedding. It is a bit irrational to me as I would not go if there was any risk of not getting back into the US but she says it is a risk she is willing to take. What would anyone on this board advise or has anyone been through this before? Thanks so much

  • #2
    So she is applying for Adjustment of Status in the US? She should file I-765 for EAD and I-131 for AP together with her I-130 and I-485. She doesn't need to file them later.

    For a normal AOS-based AP, she doesn't have to provide a reason, and the AP can be used for any purpose, even vacation, and she shouldn't have any problems coming back. Note that it takes 4 months or more nowadays to get EAD/AP after applying.

    This is my personal opinion and is not to be construed as legal advice.

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