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Julia Hoffman

Expediting Advance Parole (I-131)

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What are the average AP/EAD waiting times? Is it possible to expedite the I-131 AP process? Based on our timeline, it looks like my fiancé's K-1 visa could be approved by mid-February or early-March. However, his brother's wedding in England is April 19th. Even if we were married on March 1st and filed all our paperwork right away, it looks quite certain he won't receive his EAD/AP card in time to travel by April 18th. Obviously he cannot miss his brother's wedding, so if there were no guarantee he could leave, we would have to extend the I-129F and K-1 for us to marry after his brother's wedding, meaning more time apart. Heartbreaking. 

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Currently the average waiting times for the AP/EAD is 4-6mths, there is an expedite process but whether it would be received or not is something else? 

 

Once you get the K1 visa though it is valid for 6months, so the option that you said of waiting until after your fiance's brother's wedding might be the way to go... because even though it adds about a month or two in waiting time for you, at least you'd be able to comfortably attend the wedding and have less stress for the move.

 

Means you'd get to plan the wedding a little too? 

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Thanks. Yeah I figured that would be the case. So if the EAD also takes 4-6 months, what did your partners do about work during that time? They're not legally allowed to work until they have the EAD/AP card, correct?  

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That is correct, I'm the partner that moved and currently am still waiting for the EAD/AP. 

 

I, personally am enjoying that I can't work at the moment. Both my husband and me made like 3 major life changes in one go, he got a new job - moved to a new place, then I came over and we got married after that.

 

Basically, just getting the home in fully working order at the moment, learning how to drive as I never did back home. Also, trying to get acclimated to my new climate and the way things work over here in the US.

 

I hear quite a few people volunteer at places but you have to be careful on how you go about it as it can be mistaken for work.

 

It is unfortunately something you have to deal with when coming in on a K1 Visa.

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2 hours ago, Julia Hoffman said:

What are the average AP/EAD waiting times? Is it possible to expedite the I-131 AP process? Based on our timeline, it looks like my fiancé's K-1 visa could be approved by mid-February or early-March. However, his brother's wedding in England is April 19th. Even if we were married on March 1st and filed all our paperwork right away, it looks quite certain he won't receive his EAD/AP card in time to travel by April 18th. Obviously he cannot miss his brother's wedding, so if there were no guarantee he could leave, we would have to extend the I-129F and K-1 for us to marry after his brother's wedding, meaning more time apart. Heartbreaking. 

Your fiancé will have about six months to come to the US after his visa is issued.

 

We're actually in a pretty similar situation; our case is at the NVC right now and my fiancée's sister is getting married in March. While interview slots in Moscow are somewhat unpredictable, she should have her interview in January or February. So (assuming everyone involved in visa processing cooperates) I'm going to fly to Russia for the wedding, and we'll come back together.


K-1

NOA1 Notice Date: 2018-05-31
NOA2 Date: 2018-11-16

Arrived at NVC:  2018-12-03

Arrived in Moscow: 2018-12-28

Interview date: 2019-02-14

 

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Also, be VERY careful when looking at the timelines here.  They are an indication of what may happen based on a very small sample.  There is no real way of knowing when the approval will happen.  It can also be months after NOA2 when you can actually get an interview scheduled. 

 

In our K-1 last year (June filer) our original timeline called for a September approval.  When we were approved in March the timeline said December of the previous year.  Just relax and hopefully everything will work out but use a grain of salt when looking at the timelines here.  I've seen a few hit earlier or as predicted but a vast majority are weeks or months after the estimate.

 

Your timeline says you are already approved but you are still waiting?  You say you got married on 12/8 but you got NOA2 on 12/11?  I don't know your actual timeline but if that is true you will be denied the K-1.  You will have to start over with a CR-1. 

Edited by John & Rose

June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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Thank you all for your insight. I guess we have a lot to think about, but plenty of time to do so. 

 

Any idea if it would be okay for my fiancé to work remotely for his current job in Europe while in the US for the first six months after our marriage while he awaits his EAD? Or will he be monitored and double taxed if he does that? Does anyone have any experience with that?  

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Yeah, I accidentally wrote a marriage date, but we haven't been married and won't be until granted the K-1 visa. Yes, I am aware that these timelines are just ideas, but our reality can be much different. We filed the I129F in June and only just received the NOA2 in mid-December...later than the average applicants. Now we have until May, so fingers crossed it all works out. Thanks

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29 minutes ago, Julia Hoffman said:

Yeah, I accidentally wrote a marriage date, but we haven't been married and won't be until granted the K-1 visa. Yes, I am aware that these timelines are just ideas, but our reality can be much different. We filed the I129F in June and only just received the NOA2 in mid-December...later than the average applicants. Now we have until May, so fingers crossed it all works out. Thanks

OK.  Got it.  Soon you will get your number from NVC (I would start calling Wednesday).  Once you get that you can fill out the DS-160 and pay the MRV fee.  Once they let you know you are ready you can schedule the interview.

 

As far as working remotely, technically that is not allowed and can possible cause a denial of the AOS.  No double taxes, just a refusal to issue the green card.  It really isn't worth the chance.  I know people who got away with it and I also have heard stories of people who had to leave the country because their visas expired and the AOS was denied.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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If being eligible to work immediately is a key concern then you should consider the CR1.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Remote work for a foreign employer and being paid into a foreign account is a gray area between tax and immigration law. There is no clear, verified answer if it is permitted or not.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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16 hours ago, Julia Hoffman said:

What are the average AP/EAD waiting times? Is it possible to expedite the I-131 AP process? Based on our timeline, it looks like my fiancé's K-1 visa could be approved by mid-February or early-March. However, his brother's wedding in England is April 19th. Even if we were married on March 1st and filed all our paperwork right away, it looks quite certain he won't receive his EAD/AP card in time to travel by April 18th. Obviously he cannot miss his brother's wedding, so if there were no guarantee he could leave, we would have to extend the I-129F and K-1 for us to marry after his brother's wedding, meaning more time apart. Heartbreaking. 

Expedite for AP is not for things like family weddings.  It is for emergency travel.

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