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justmarried12

Should I file for I131 Advance Parole?

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Filed: AOS (apr) Country: Germany
Timeline

Hello everyone,

I am a German citizen and in the USA with an H1B visa. My H1B expired in September, but we filed a petition for an extension which is still pending.

I just got married to a US citizen and now we want to file for I130 and I485. I was wondering whether I should also file for I131 Advance Parole. The I131 instructions explain that I don’t need to file for Advance Parole if I have an H1 visa. However, I cannot leave the country until the extension is approved. And even after it’s approved if I leave the country I’d have to go straight to the US consulate to get the new H1B stamped.

Having the Advance Parole would definitely be an advantage for me, but I don’t want this to cause any issues/delays to my AOS application.

Any thoughts on this?

Thanks!

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Congrats on your new marriage!

Go with AP if you can. They gave my co-worker hard time when when he went get his visa stamped in an oversea consulate. The guy has been there for 3 months now and the change for him to go back is slim.

Applying for AP will not delay your AOS. For us and many others, the combo card came before our interview. EAD and AP application are free with I-485. When you get the combo card, you can go ahead and ask your employer to withdraw the H1 visa extension. But try not to travel during the AOS process unless you have too.

Edited by huongkhin

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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I-131 is free when filed with the I-485, so I see no downside. You don't have to use it if the H1B extension comes through.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Hello everyone,

I am a German citizen and in the USA with an H1B visa. My H1B expired in September, but we filed a petition for an extension which is still pending.

I just got married to a US citizen and now we want to file for I130 and I485. I was wondering whether I should also file for I131 Advance Parole. The I131 instructions explain that I don't need to file for Advance Parole if I have an H1 visa. However, I cannot leave the country until the extension is approved. And even after it's approved if I leave the country I'd have to go straight to the US consulate to get the new H1B stamped.

Having the Advance Parole would definitely be an advantage for me, but I don't want this to cause any issues/delays to my AOS application.

Any thoughts on this?

Thanks!

Take the AP. I am also in the US on H-1 and I applied for AP because I didn't want to run the risk of the 221g Administrative Processing that could delay receiving an H-1B visa stamp for up to six months! Imagine possibly being stuck outside the country for six months!


Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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Filed: AOS (apr) Country: Germany
Timeline

Thanks for all your replies! I'll definitely file for AP, which raises the next question... what documents are required for I131?

This is from the instructions, but it's not very clear to me.

If applying for AP from the US you must attach

  1. A copy of any USCIS issued document indicating your present status in the US; and
  2. An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document

Could anyone please confirm what supporting docs are required?

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1. A copy of your I-94.

2. Is not needed for I-485 applicants if you read the instructions further.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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