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ManOnMoon

Fiance About to Receive K-1 Visa(merged)

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My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

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2 minutes ago, ManOnMoon said:

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

No she absolutely can not leave. This was the wrong application to go after. You should have married and then she would have been a green card holder upon arrival.


Once she arrives and you marry then submit the Adjustment of Status it is taking 4 to 6 months (some longer) to get the EAD/AP card. The AP (Advance Parole) is what she needs to be able to get back into the US.

The I485 that will get her the green card is about a 8 to 12 month wait. So in summary she is land locked here for at the very least 4 to 5 months. If she leaves before she gets her AP approved  it will be an abandonment of the adjustment of status application and you would then have to start over and submit a I-130 (spousal application) that takes 12 to 15 months from filing to interview in her country.


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For what it's worth, you can add the cost of an empty lease in addition to no longer being employed as costs associated with immigration. Not only is the immigration process complicated and lengthy, but costly too. You can avoid attorney costs by doing it yourself but you're not going to avoid all costs.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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17 minutes ago, ManOnMoon said:

My lovely fiance just handed in her passport to the Hong Kong consulate and will retrieve her visa sometime early next week. 

 

With her holding the K-1 visa she will then fly into ORD/LAX and land using her K-1 visa, will she go through biometrics finger printing onsite at the airport? (I heard for some visas you do)

 

Also a lingering question of ours is when she flies into US, can she fly back to Hong Kong and continue her work while her green card application is in process?

Our plan is she can fly here for a week get married next day and apply for green card then she flies back to Hong Kong to continue her work and fly back once we receive her ead/temp green card (I will personally hand her those items when I visit her in Hong Kong and she'll fly back with me to stay. 

 

Lastly can someone provide a detail explanation/personal experiences of how long it'll take to apply for green card (i 485 form, if I'm correct).

 

Thanks for all your help! 

 

PS if you're wondering why we're doing this is because she's currently in a lease in Hong Kong and her place doesn't allow sublease and we do not want to pay for an empty lease. 

Sorry but as others have said, once she enters the US on her K1, she cannot leave until she receives her EAD/AP or the green card. Or rather, she CAN leave but she will not be allowed back in. You can't mail or bring the EAD/AP or green card to her. CBP and USCIS share information. They will know she left before the AP or green card were approved and will automatically cancel her entire AoS application. At that point, you won't even receive an AP document or green card at all. Not sure why you did K1 in this case. Spousal visa would have been way more practical for you guys if you needed her to be able to travel back and forth. 

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1 minute ago, ManOnMoon said:

Okay I see, typically how long would it take until she can apply and start working?

After marriage and application submissions then 5 to 6 months 


YMMV

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Just now, ManOnMoon said:

It takes 5-6 months to get EAD and start work? I thought it was ~3

 

Can someone explain what AP stands for, I know AOS means adjustment of status 

Ead and ap (advanced parole) are a combination card and come together 


YMMV

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2 minutes ago, ManOnMoon said:

It takes 5-6 months to get EAD and start work? I thought it was ~3

 

Can someone explain what AP stands for, I know AOS means adjustment of status 

It used to be 3 to 4 months back in 2017.

Now it's 5 to 6 months.

 

AP is Advanced Parole with which she can leave the US once the card is issued.

As others have already stated before the AP card is usually a combo card together with the work permit ( EAD).

 


AOS timeline

02/21/17 Sent AOS, EAD and AP to the USCIS Lockbox Facility in Chicago via UPS

02/24/17 USCIS received the application

03/14/17 Check was cashed

03/15/17 received NOA1s as text messages and emails( notice date is 03/13/17)

03/21/17 NOA1 hardcopies received in the mail

03/30/17 Biometrics Appointment letter received in the mail

04/11/17 Biometrics appointment

05/07/17 Day 75 -> called USCIS about my EAD/AP status: service request was made; my I-485 is still in the normal time frame

06/01/17 Day 100 since sending AOS to USCIS Chicago Lockbox

06/08/17 Day 107 -> new EAD status: New Card Is Being Produced( No RFE or RFIE)

06/12/17 Received NOA2 Approval Notice for EAD and AP in the mail

06/13/17 New EAD status: Card Was Mailed To Me

06/17/17 Day 116 -> Received EAD/AP combo card in the mail

10/18/17 Day 240 -> Green Card is being produced (no interview)

10/20/17 Day 242 -> Card Was Mailed To Me; Welcome To the United States-letter  was in the mail

10/25/17 Day 247 -> USPS couldn't deliver Green Card due to insufficient address; the mailman was too lazy to leave the letter on the porch

11/14/17  Day 267 -> Appointment at the USCIS Atlanta Field Office to request that USCIS resent my Green Card

11/15/17 Day 268 ->  Called USCIS and talked to an Tier 2 Immigration Officer: My Green Card will be resend to me

12/11/17 Day 294 -> Received a letter from USCIS saying that my Green Card will be resend within the next 30 days

01/09/18 Day 323 -> Filed a paperwork called DHS-7001 in order to talk to a USCIS Ombudsman about USCIS resending my Green Card

03/23/18                 -> My Green Card got finally delivered! :)

07/15/19                  -> File for ROC

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Just now, ManOnMoon said:

I heard that AP nowadays takes 5-6months during that period is it true that they cannot work?

 

What are they suppose to do? What did yours do? All ideas greatly accepted. 

You cannot work without employment authorization (EAD) which is not the benefit AP provides .  Separate applications but combined card


YMMV

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No way to convert.   You get married and file the I-130 and wait again.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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