sunbow

My husband and I are waiting for approval of the I-131. We're worried we will not receive the approval before we must leave the US on a trip. If you have knowledge or experience with this can you please share? Thanks!

We filed I-129F in June 2010.
I-129F was approved in Jan 2011.
K-1 visa was approved/granted end of April 2011.
We were married on May 2, 2011.
We filed the I-485, I-131, and I-765 on May 11, 2011. We received notice that these forms were received by USCIS on May 12, 2011.

We have the I-797C (notice of action) in hand for the I-131 and I-765.

The I-131 was sent expedited to the USCIS because we are leaving on June 30. We sent copies of our tickets and reasoning for leaving, etc.

Is it a possibility that the I-131 will be approved before we leave on June 30?
Can we leave and still be approved? (ie have someone send us the approval notice while we are abroad.)

Thanks for your help!

meauxna

It is possible that the document will be issued before you need it.
Probable? No idea.


The applicant for adjustment can not leave the US without the AP/EAD document *in hand* before departure, or the I-485 case is deemed abandoned and is closed.
The former K-1 then has no way to re-enter the US.

randomgirl

Hi,

When I filed for AOS I received my AP and EAD almost 3 months after filing. That's not to say it can't happen faster than that, but from what I've read it usually takes 60-90 days.

You didn't mention biometrics so I assume he hasn't yet received his appointment for that? As far as I know, nothing will be approved until he has his biometrics done. The end of this month isn't looking too likely I'm afraid - is there any way you can reschedule your trip?

As Meauxna says, do NOT under any circumstances let your husband leave the US until he has AP in hand - he won't be allowed back into the US and you would then have to start over by filing for a spouse visa, which I'm sure neither of you want to do.

that it all works out for you!

Rete

I'd change my plans right now. You've not mentioned that the biometrics appointment had been received and gone to. Without that step your wait time for the new EAD/AP card is on standstill.

In the past, the card arrives within 90 days of the biometric appointment.

ian-mstm

Is it a possibility? Yes. Is it likely? No... not by a long shot!


On the assumption that you're the USC spouse... you can leave and return anytime you want. Your non-USC husband however, will have NO way to return to the US if he leaves prior to receiving Advance Parole. In case you're wondering, there is NO way to speed up the process.

If his A/P doesn't arrive in time, your husband has 2 choices... stay in the US and miss the trip; or leave the US and not be able to return for a further 8-10 months... the length of time it takes to process a CR-1 spouse visa.

Ian

sunbow

Thank you all for the info!
It's all scary and nerve-racking, but at least we know where we stand now.

Clarification Question
Are the Biometrics the same as he did in his K-1 interview--fingerprint/photograph, etc.? I thought that since he did it in his home country he wouldn't nec. have to do it again for the I-131.

We can put off his departure 2 weeks, but no later. (But it seems like that wont give us enough time either.) So, I guess we're going to have to refile under the spouse visa and be apart for almost another year (and pay all of the fees again). UGH!

Is there any process we have to take to inform them that we're 'abandoning' and will refile?

Thanks again!

Moxie

People have been given expedited or emergency Advance Parole by making an infopass appointment at their local office. If you have good reasons and evidence, it is granted on the spot. Some don't take you (consider it) but a week or so in advance of the trip. I read of someone who went a month before a trip and they told them it is for emergent situations. You local office may be different and is worth a try.

Noorah101

The biometrics he had done back home were for the K-1 visa only. Since the adjustment of status is a brand new application, he has to get them done again in the USA.

Wow. That's harsh. I think you have 3 choices"

1. Don't leave the USA until you have AP in hand;
2. Leave the USA without AP and start all over with an Immigrant Visa (more time apart, more fees, etc.);
3. Try to make an InfoPass appointment soon, bring proof of travel, proof of emergency, and hope the biometrics are done by then. Perhaps they'll issue an emergency AP, perhaps not, but might be worth a try.

Yes, write to USCIS at the address you filed the I-485 and inform them that you are not continuing the AOS process, but are going back home and will begin an Immigrant Visa process at a later date. Make sure to keep a copy of everything you send to USCIS.

Rene

S Folinsky

On the InfoPass method, it pays to remember that what the applicant may consider a good reason may not be what CIS considers a good reason. OP does not give the reason for needing to leave on June 30th.

sunbow

We may try the Infopass appointment.

The reason we must leave is that we are having our religious wedding ceremony in Italy (my husband's home country). We thought we would be cleared (with the I-131) to go by the wedding date but various elements of the process were pushed back here and there. (With the I-131, we sent a letter of explanation, copy of our travel itinerary, copy of our religious wedding invitation, and a copy of our reception hall deposit.)

If it were just up to us, we would postpone the religious ceremony, but many other people are involved and it's not possible to postpone it now.

Do you think they'd approve the I-131 for this reason, or should we just cut our losses and restart the process?

Thanks again for all of the advice!

randomgirl

I'm not sure whether they would expedite the I-131 for your wedding in Italy but you've got nothing to lose by asking

I know it's difficult because other people are involved but surely they would understand that him leaving without AP would mean the two of you being apart AGAIN for close to another year... Maybe it's just me but if I were in the same position there's no way I'd put up with another long separation just to satisfy other people! Personally I think people would understand the predicament and if they didn't, well, do they really care about the two of you and your happiness?

ian-mstm

Respectfully, it is just up to you two!


Each one, individually, can alter his/her plans... just the same as you would do if you needed to and were asked to. Do not live your life for the sake of others.

Ian

celticgrid

+1

I must be missing something, but presumably you have your life planned, based on living in the US? Is it that trivial for your husband to suddenly live outside the US for 6-8 months - not to mention issues surrounding job, accommodation, etc. - rather than build your lives as planned? Another set of fees may well be a trivial part of the resulting expenses.

All credit to you for wanting to have this ceremony as planned, and for thinking of others, but depending on your circumstances this may be one time when a little focus on yourselves may be the best way - I am sure others will understand.

Good luck.

S Folinsky

I'm sure others will understand "Goddamn US Government" and "visa trouble."

Moxie

Sorry for the bluntness. That is a very foolish reason to abandon everything you've done to this point. You need to think about it and get realistic on your priorities as man and wife who want to live in the US. One pretty ceremony ain't worth it. Tell Mama to rearrange it.