Proof of bonafide marriage

[nurmeer 0]

I talked to a lawyer and the timeline told was “3 months for work permit/travel document”, interview in 6 months and green card in 8 months. One other lawyer said, 6 months for work permit and travel document, almost a year for interview.

[MiraW 58]

26 minutes ago, nurmeer said:

I talked to a lawyer and the timeline told was “3 months for work permit/travel document”, interview in 6 months and green card in 8 months. One other lawyer said, 6 months for work permit and travel document, almost a year for interview.

They're both correct, it really depends on your location and your individual case.

Most of the people I know got their work permit and AP at around 3-4 months, mostly 3. 

I got my AP the day after I got my green card, which was about 4.5 months after filing. 

So I got my interview and green card really fast, but somehow my EAD and AP took a long time.

 

[JFH 12,189]

*~*~*moved from "IR-1/CR-1 spouse visa process and procedures" to "AOS from work/study/tourist visas"*~*~*

[JFH 12,189]

16 hours ago, nurmeer said:

I came to usa on visitor visa 3 months back for visit purpose.

 

15 hours ago, nurmeer said:

Yes, I did not come to usa with the intention to get married. I came to visit my siblings and do my hospital rotations since I am a doctor, i am still doing my rotations on a valid 6 month visa to apply for residency in usa.

Is such work and study permitted on your tourist visa? 

[Aster 24]

Last June 2017 I visited to usa , I have 5years multiple visa ,  my intention was not to get married but luckily i found a girl who I really like and her parent advised me to stay there with them and we celebrate here your both marriage. But I thought as my intention was only was visiting places and no more I decided to go back to my home land and then her side family came to my homeland we got happily married and she went back to usa and applied for sponsorship . I m waiting for my visa since then ... It's taken 8to 12 months but it's good to stick with honesty and follow rules and regulation . 

[Scandi 3,979]

17 hours ago, falmaind said:

It will be denied if you say "I want it in case we plan to go on vacation"

But they are not going to check and verify (not worth the resources) once AP is approved  whether you are using it for the previously stated purpose

Not true. When you file form i-485 you don't need a reason to also file for i-131. You don't need an emergency, you don't need a date for travel or even have any plans to travel. You can apply "just in case you want it", and you don't need to mention a reason for why you want it on the form.

 

You can travel just fine with it, doesn't matter if it's vacation or emergency. If you really want to put down a reason on the form you can write "vacation" (like I did), "honeymoon" or whatever you feel like.

Edited January 30, 2018 by Scandi

[falmaind 13]

26 minutes ago, Scandi said:

Not true. When you file form i-485 you don't need a reason to also file for i-131. You don't need an emergency, you don't need a date for travel or even have any plans to travel. You can apply "just in case you want it", and you don't need to mention a reason for why you want it on the form.

 

You can travel just fine with it, doesn't matter if it's vacation or emergency. If you really want to put down a reason on the form you can write "vacation" (like I did), "honeymoon" or whatever you feel like.

Please do NOT spread mis-information.

 

Here is it directly from the I-131 instructions page 5 (IT reads as follows ---> NOTE: Travel for vacation is not a valid purpose. You must NOT file Form I-131 with your deferred action request or your package will be rejected and returned to you. )

 

 

You may have gotten lucky

Edited January 30, 2018 by falmaind

[Michelle13 39]

When I got approved for my K1, the consulate was VERY serious in saying that AP was for emergencies only and it wasn't for frivolous travel.  

[Scandi 3,979]

9 minutes ago, falmaind said:

Please do NOT spread mis-information.

 

Here is it directly from the I-131 instructions page 5 (IT reads as follows ---> NOTE: Travel for vacation is not a valid purpose. You must NOT file Form I-131 with your deferred action request or your package will be rejected and returned to you. )

 

If you can read that well you can also see that the part you quoted is for those who have the status under point 4 in that section, not for those who have a pending i-485.

 

So AGAIN, if you have a pending i-485 you do NOT need a reason, an emergency, a tarvek date etc to file for i-31 and get it approved.

5 minutes ago, Michelle13 said:

When I got approved for my K1, the consulate was VERY serious in saying that AP was for emergencies only and it wasn't for frivolous travel.  

Then the consulate was wrong. It happens, even the USCIS employees themselves are wrong in many cases.

[Scandi 3,979]

Many of us put "visit family" and/or "vacation" and were approved just fine. 

[falmaind 13]

26 minutes ago, Scandi said:

If you can read that well you can also see that the part you quoted is for those who have the status under point 4 in that section, not for those who have a pending i-485.

 

So AGAIN, if you have a pending i-485 you do NOT need a reason, an emergency, a tarvek date etc to file for i-31 and get it approved.

Then the consulate was wrong. It happens, even the USCIS employees themselves are wrong in many cases.

Sorry I may have skipped some of my reading classes, maybe you can explain this sentence.

 

Which word in the following statement would be synonymous to  taking a vacation?

 

 

If you are in the United States and seek an Advance Parole Document, you may apply if:
(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad temporarily
for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a
personal or family emergency or bona fide business reasons.

That word "emergency" is flashing with Red lights at me. 

But I'll keep looking for a Thesaurus which has "vacation" listed as a valid substitute for "emergency". I trust you 

Edited January 30, 2018 by falmaind

[falmaind 13]

29 minutes ago, Scandi said:

Many of us put "visit family" and/or "vacation" and were approved just fine. 

For those who wish to take this advice. Do at your own risk. The document flies in face of the "vacation" claim

[ajs1984 28]

The agency involved in approving the I-131 petition (USCIS) is different from the agency enforcing the use of Advance Parole for re-entry (CBP). As USCIS does not require a reason to be specified for non-DACA applicants in the case of an adjustment application, it is moot whether the instructions state a reason is required, as no reason need be codified on the application paperwork, and so, no reason can be inferred by USCIS.

 

At the border, the CBP handbook will kick in, as well as the officer's discretion. I agree that this could go any way. However the CBP website does clearly state the admissible reasons for travel with AP:

 

""Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

• Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services;
• Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
• An emergent personal or bona fide reason to travel temporarily abroad.""

This list is clearly an A, B or C type list; A does not require C. Therefore, if you have a pending adjustment of status, you don't need an "emergent personal or bona fide reason" any more than you need to "hold refugee or asylee status".

 

It's probably best not to state your opinion or the opinion of lawyers as any kind of fact. The facts in this case are contradictory on the government documents we have at hand. But it is quite safe for me to state my opinion that a botched USCIS instruction document will never be enforced by CBP -- it is the CBP's own rules, regulations and allowances that will be (as well as the Code of Federal Regulations).

[falmaind 13]

2 minutes ago, ajs1984 said:

The agency involved in approving the I-131 petition (USCIS) is different from the agency enforcing the use of Advance Parole for re-entry (CBP). As USCIS does not require a reason to be specified for non-DACA applicants in the case of an adjustment application, it is moot whether the instructions state a reason is required, as no reason need be codified on the application paperwork, and so, no reason can be inferred by USCIS.

 

At the border, the CBP handbook will kick in, as well as the officer's discretion. I agree that this could go any way. However the CBP website does clearly state the admissible reasons for travel with AP:

 

""Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

• Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services;
• Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
• An emergent personal or bona fide reason to travel temporarily abroad.""

This list is clearly an A, B or C type list; A does not require C. Therefore, if you have a pending adjustment of status, you don't need an "emergent personal or bona fide reason" any more than you need to "hold refugee or asylee status".

 

It's probably best not to state your opinion or the opinion of lawyers as any kind of fact. The facts in this case are contradictory on the government documents we have at hand. But it is quite safe for me to state my opinion that a botched USCIS instruction document will never be enforced by CBP -- it is the CBP's own rules, regulations and allowances that will be (as well as the Code of Federal Regulations).

I think the issue is two fold here... you have addressed one.

Other is, your I-131 application. Just like many who have got their "vacation" I-131 approved there are those whose was denied. So Up to each applicant how much headache they want to take on. My recommendation is to minimize your headache

[ajs1984 28]

Anybody filling Part 3 and Part 4 (which includes Part 4, 1a where the reason for travel is provided) for a non-DACA application, is doing so unnecessarily. This point was already addressed by Scandi's post.