When to apply for Advanced Parole (I-131)

[pkingking131 16]

So I am currently petitioning for my fiance and we are only at NOA1 so setting up for that long wait.

 

Due to our circumstances our intention is to marry as quickly as possible when she gets here, then apply for Adjustment of Status(I-485), Employment Authorization Document(I-765), and Advanced Parole(I-131) immediately after. My understanding is the EAD and advanced Parole will likely take about 3 months. 

 

Which brings us to my questions.  My fiance has a job in her home country and is hoping to return to that until she can secure work here in the US.  Is it possible to apply for Advanced Parole any earlier in the process so she isn't locking in the US for any longer than necessary. Like once we get the K-1 Visa approval could we use that as evidence in the I-131 application.

 

Thanks to everyone in advance!!!

[Crazy Cat 39,218]

6 minutes ago, pkingking131 said:

So I am currently petitioning for my fiance and we are only at NOA1 so setting up for that long wait.

 

Due to our circumstances our intention is to marry as quickly as possible when she gets here, then apply for Adjustment of Status(I-485), Employment Authorization Document(I-765), and Advanced Parole(I-131) immediately after. My understanding is the EAD and advanced Parole will likely take about 3 months. 

 

Which brings us to my questions.  My fiance has a job in her home country and is hoping to return to that until she can secure work here in the US.  Is it possible to apply for Advanced Parole any earlier in the process so she isn't locking in the US for any longer than necessary. Like once we get the K-1 Visa approval could we use that as evidence in the I-131 application.

 

Thanks to everyone in advance!!!

Advance Parole and EAD are taking about 4-6 months according to other VJ members......She can't apply for advance parole until she has entered the US via her K-1 visa.  It is recommended to submit the I-485, I-131, and I-765 together to minimize fees.....If her ability to immediately work in the US is a priority, then perhaps a CR-1 visa would have fit your situation better.

 

   

 

 

 

Edited March 31, 2019 by missileman

[Loren Y 2,732]

Most people apply for EAD AP AOS all at the same time. You can apply for just the AP as soon as she lands and comes through the POE. But since you will be filing just that, I think it is around 500 dollars plus just for the one card. Most people don't do that, because you are then paying another 1225 for AOS. If you get married as soon as she lands( have a mobile clergy meet you at the airport even) then get marriage certificate the next few days, you can file for AOS 2-4 days after landing if you really want to. So depending on how fast you want to do things, or if you have an extra 500 or so laying around, you can do AP day after she lands. But judging by timelines because I have been following about 30 of them as I just filed for AOS mid February it is taking about 5 months to get EAD/AP card after filling AOS.

[aleful 1,905]

hi

 

if a job was that important, than you should have married and file for CR1 it will take a year or over a year but she can stay in her country and work

 

EAD and AP can even take 5 to 7 months,

 

once she enters and marries, she can't leave, you have to know and accept that she can't return to her job and she can't work in the US for a long time. plus the AP is only to visit for a short period of time, not to return to country to work,

 

or she stays and adjust status here, or she stays in her country and goes through CR1 once you marry

 

she will have to quit her job, she is coming to live here if you decide to continue with the k1, if not withdraw the form, marry and file the i130 for CR1

 

 

[USS_Voyager 1,971]

17 minutes ago, pkingking131 said:

. My understanding is the EAD and advanced Parole will likely take about 3 months. 

More like 6-7 months

 

17 minutes ago, pkingking131 said:

Is it possible to apply for Advanced Parole any earlier in the process so she isn't locking in the US for any longer than necessary.

No, she can only apply to AP together with the I-485, which can only be filed after she enters the US on the K1 and gets married. If she leaves the US before her AP is approved, her I-485 will be deemed abandoned and she cannot come back to the US until she completes the CR1 process

 

 

[Boiler 43,430]

K1 seems an odd choice bearing in mind your requirements.

[Roel 7,191]

Cancel K1 process and start CR1.

[JFH 12,189]

Sounds like a classic case of choosing the visa type in haste and repenting at leisure. 

 

A CR-1 is definitely a better choice for you. I did that was working up until 6 days before I left the U.K. (the following 6 days were accrued PTO) and the started work here within 2 weeks of arriving. 

 

AP is not for her to return to her home country and work. Good luck trying to prove she hasn’t abandoned her application to become a resident here if she voluntarily left to work elsewhere. And if she’s got her AP approved, she’ll have her EAD also (assuming you apply for them together) so she will be eligible to work here and not need to go overseas to earn money. 

 

Is this desire to leave her new husband behind and return home to work a financial necessity? Or is she tied into some form of contract that she must complete? If it’s the latter, just postpone the visa interview until after the contract has finished. If it’s the former, how are you going to afford AOS and to feed her whilst she waits for her EAD? 

Edited March 31, 2019 by JFH

[Loren Y 2,732]

15 minutes ago, USS_Voyager said:

No, she can only apply to AP together with the I-485, which can only be filed after she enters the US on the K1 and gets married

Not exactly true. she can file as soon as she lands and has the I94( 10 min. after POE) It will just cost an extra 660 dollars or so. fee chart is below. Like I posted above, most people rather save the 660 dollars. then after biometrics you can request an expedite, but those a few and far between. You only have to be a lawful resident to apply for the card, and that is exactly what she will be after entering and getting her I94 record.

I am applying for a re-entry permit (Application Type A) and I am:	Form Fee	Biometric Services	Total
13 or younger	$575	$0	$575
14 to 79	$575	$85	$660
80 or older	$575	$0	$575

[Boiler 43,430]

3 minutes ago, Loren Y said:

Not exactly true. she can file as soon as she lands and has the I94( 10 min. after POE) It will just cost an extra 660 dollars or so. fee chart is below. Like I posted above, most people rather save the 660 dollars. then after biometrics you can request an expedite, but those a few and far between. You only have to be a lawful resident to apply for the card, and that is exactly what she will be after entering and getting her I94 record.

I am applying for a re-entry permit (Application Type A) and I am:	Form Fee	Biometric Services	Total
13 or younger	$575	$0	$575
14 to 79	$575	$85	$660
80 or older	$575	$0	$575

When it takes 90 plus days and the EAD is good for max 90 days unless you are pretty certain of an expedite, what would be the point?

Edited March 31, 2019 by Boiler

[Russ&Caro 1,548]

36 minutes ago, Loren Y said:

have a mobile clergy meet you at the airport even

I had no idea such things exist. Seems like a good job for me after my retirement in about 8 years.

[USS_Voyager 1,971]

1 hour ago, Loren Y said:

It will just cost an extra 660 dollars or so. fee chart is below

Really? $660 for nothing. The processing alone is 6-7 months and the I-94 expiration is 90 days. Real useful!

[Loren Y 2,732]

30 minutes ago, USS_Voyager said:

Really? $660 for nothing. The processing alone is 6-7 months and the I-94 expiration is 90 days. Real useful!

Some people have money to burn. I've seen people lose more than that on one hand of poker on numerous occasions.

 

I'm sure you send the 660 in USCIS will happily take it.

 

I'm not saying it's smart to do, but to tell someone they can't do it is wrong information. I thought we were supposed to suggest all options available, as long as they are not illegal.

 

I mean, I can renew my passport whenever I want, why wait till 6 months before it expires. I could renew it monthly if I felt so inclined, but it's not the smartest thing to do.

 Same with vehicle registration, drivers license, etc. You're going to tell me you haven't seen people do things like this before? 

Edited March 31, 2019 by Loren Y

[Boiler 43,430]

26 minutes ago, Loren Y said:

 

I'm not saying it's smart to do, but to tell someone they can't do it is wrong information. I thought we were supposed to suggest all options available, as long as they are not illegal.

 

Because it is pointless?

 

Now we all need to follow the VjJToC, my Bible, should be yours, but I am not aware of any such requirement.

[Loren Y 2,732]

1 hour ago, Boiler said:

Because it is pointless?

 

Now we all need to follow the VjJToC, my Bible, should be yours, but I am not aware of any such requirement.

OP asked if it was possible to apply for AP before the AOS. Sorry I answered his question, my bad.