Expediting Advance Parole (I-131)

[Julia Hoffman 0]

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. 

[Nicola and Jordan 668]

There is no way you will get your VIH, get married and get AP by April 18th. He will have to fly out after the wedding. 

[Hemzi 244]

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? 

[Julia Hoffman 0]

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?  

[Hemzi 244]

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.

[NikLR 13,227]

51 minutes ago, Julia Hoffman said:

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?  

They do nothing.  They can take some temporary classes or volunteer but they cannot work, including online.  The CR1 has a clear advantage here. 

 

As for your original question, it would be best if he left after his brother's wedding.  The k1 visa should be valid 6 months from medical date. 

[DaveAndAnastasia 2,093]

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.

[John & Rose 7,239]

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 December 24, 2018 by John & Rose

[Julia Hoffman 0]

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?  

[Julia Hoffman 0]

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

[John & Rose 7,239]

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.

[Boiler 45,672]

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

[geowrian 22,337]

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.

[JFH 12,190]

9 hours ago, Julia Hoffman said:

 

 

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?  

This is a gray area and, personally speaking, one I would not risk. It’s playing with fire. 

 

Seriously, consider the CR-1. Everything you have pointed to here (wanting to travel, work) suggests that the K-1 is not the most appropriate visa for you. It’s essentially an overpriced tourist visa that permits you to stay and apply for a green card if you marry the petitioner within 90 days of arriving. I assume he is VWP eligible? He can visit very easily and marry on a visit. He can visit easily during the CR-1 process. And when his visa is approved he will be a permanent resident immediately upon arrival here, with all the benefits this status affords (being able to work, drive, travel overseas, etc)

[SalishSea 17,928]

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.