Visa Adjustment Status: timing concerns

[dcp19 7]

Hello folks!

 

I'm recently married and currenlty on an 0-1 visa (expires in Feb 9th 2018) and after delays we are finally getting around to submitting all the various forms for a spousal green card.

 

Cutting it VERY fine, I know but my questions are: 

 

1- If I send in my pack and I get a general receipt before Feb, am I ok to stay in the US or do I have to wait for the EAD to appear?

2- If I don't get a receipt until after Feb, do I have to leave the country or is there a grace period after my visa ends?

3- If I have to leave the country because of the above does that change the whole process?

 

So many other questions but I'll start there.

 

THANK YOU !

 

Dave.

[Redheadguy03 505]

Do you mean a k1 visa? If so you're fine. File then once you have your AOS notice that they received it then you are ok. 

 

You don't technically have to file before it expires, because the overstay is forgiven for immediate relatives of US citizens. 

Edited December 20, 2017 by Redheadguy03

[Suudsu 66]

11 minutes ago, dcp19 said:

Hello folks!

 

I'm recently married and currenlty on an 0-1 visa (expires in Feb 9th 2018) and after delays we are finally getting around to submitting all the various forms for a spousal green card.

 

Cutting it VERY fine, I know but my questions are: 

 

1- If I send in my pack and I get a general receipt before Feb, am I ok to stay in the US or do I have to wait for the EAD to appear?

2- If I don't get a receipt until after Feb, do I have to leave the country or is there a grace period after my visa ends?

3- If I have to leave the country because of the above does that change the whole process?

 

So many other questions but I'll start there.

 

THANK YOU !

 

Dave.

If you're in the US, I assume you are adjusting status (I-130 + I-485) rather than applying for a CR-1/IR-1 visa? What are you planning to apply for?

 

Once you submit an adjustment of status application based on a spousal relationship, you can stay while it is adjudicated. If you left without receiving advance parole, the application would be deemed abandoned.

[Crazy Cat 39,854]

From what I have read, 2 things will occur when you file for Adjustment of Status:

 

1.  You will no longer qualify for O-1 visa because you have established intent to immigrate.  O-1 visas are for non-immigrants.

2.  You will have "authorized stay" status in the US.

[dcp19 7]

3 minutes ago, Redheadguy03 said:

Do you mean a k1 visa? If so you're fine. File then once you have your AOS notice that they received it then you are ok. 

 

You don't technically have to file before it expires, because the overstay is forgiven for immediate relatives of US citizens. 

Thanks....that's a bit of relief. 

No I'm on an O-1 Visa. It's a artist's visa 'Alien of Extraordinary ability' apparently

;o) 

[Crazy Cat 39,854]

But as was stated above, you can not work or leave the US until AP/EAD are approved.

[dcp19 7]

1 minute ago, missileman said:

But as was stated above, you can not work or leave the US until AP/EAD are approved.

Next Question then:

 

We have a blessing in the UK booked for MAY 2018. I'm guessing I should file the I-131 for travel, so I can leave the country?

[Ontarkie 13,980]

~~Moved to AOS from Work,Student and Tourist Visas, from IR1/CR1 P&P - as the OP is in the US on a work visa.~~

[Crazy Cat 39,854]

Just now, dcp19 said:

Next Question then:

 

We have a blessing in the UK booked for MAY 2018. I'm guessing I should file the I-131 for travel, so I can leave the country?

Yep.  That's A/P (Advance Parole).  Leaving the US after applying for AOS but before APPROVAL  can be considered abandonment of your AOS....I believe A/P is currently taking about 4 for approval.

[dcp19 7]

1 minute ago, missileman said:

Yep.  That's A/P (Advance Parole).  Leaving the US after applying for AOS but before APPROVAL  can be considered abandonment of your AOS....I believe A/P is currently taking about 4 for approval.

4 months? Yikes.

 

Thanks for the swift reply!

 

[Crazy Cat 39,854]

It would be advisable to submit AOS, A/P, and EAD paperwork ASAP, imo.

[dcp19 7]

20 minutes ago, Suudsu said:

If you're in the US, I assume you are adjusting status (I-130 + I-485) rather than applying for a CR-1/IR-1 visa? What are you planning to apply for?

 

Once you submit an adjustment of status application based on a spousal relationship, you can stay while it is adjudicated. If you left without receiving advance parole, the application would be deemed abandoned.

Currently living in LA on my current visa and submitting the I-130 + i-485 (and all the extra ones like the 131,765, 864 etc). I'm married to an American (of course) and sending in the forms this week. We have a blessing arranged in MAY 2018 in the UK so we have to leave then (hence the I-131 application).  

[geowrian 22,336]

41 minutes ago, missileman said:

1.  You will no longer qualify for O-1 visa because you have established intent to immigrate.  O-1 visas are for non-immigrants.

O-1 is dual intent. You are permitted to enter with intent to AOS (just like a K-1 can do).

Edited December 20, 2017 by geowrian

[Suudsu 66]

11 minutes ago, dcp19 said:

Currently living in LA on my current visa and submitting the I-130 + i-485 (and all the extra ones like the 131,765, 864 etc). I'm married to an American (of course) and sending in the forms this week. We have a blessing arranged in MAY 2018 in the UK so we have to leave then (hence the I-131 application).  

Unless your O-1 is extended by your employer, the main question on travel is the turnaround time on the I-131 Advance Parole. An EAD/AP should be issued in 90 days, but in practice in many cases USCIS is taking longer than that to issue an EAD/AP. If you need to travel in May, you should aim to get your application in as soon as possible. Don't delay until February, because it could be too late. Advance Parole can be expedited, but it should be a matter of life and death. There are lots of stories on VisaJourney of people wanting to hold second weddings in their home countries: it isn't a compelling reason to expedite.

 

http://www.visajourney.com/timeline/eadlist.php?op5=4,7,11,12

 

Also (you haven't specifically asked about this), unless your O-1 is extended, you won't be able to work in the US until you receive the EAD.

[dcp19 7]

4 minutes ago, Suudsu said:

Unless your O-1 is extended by your employer, the main question on travel is the turnaround time on the I-131 Advance Parole. An EAD/AP should be issued in 90 days, but in practice in many cases USCIS is taking longer than that to issue an EAD/AP. If you need to travel in May, you should aim to get your application in as soon as possible. Don't delay until February, because it could be too late. Advance Parole can be expedited, but it should be a matter of life and death. There are lots of stories on VisaJourney of people wanting to hold second weddings in their home countries: it isn't a compelling reason to expedite.

 

http://www.visajourney.com/timeline/eadlist.php?op5=4,7,11,12

 

Also (you haven't specifically asked about this), unless your O-1 is extended, you won't be able to work in the US until you receive the EAD.

I'm filing everything THIS WEEK not waiting till Feb. Just putting the finishing touches to the pack.

 

If the second wedding isn't a compelling enough reason to be granted a i131 then I guess we will have to move the date. I guess that's another thread really/chat with an attorney.

 

 My main concern was overstepping my stay here. My employer won't extend my O-1 as the job is over (I'm a self employed artist). So I just want to be able to remain in the country and not get into trouble for being here.