When to apply for Advanced Parole (I-131)

[USS_Voyager 1,971]

1 hour ago, Loren Y said:

. I thought we were supposed to suggest all options available, as long as they are not illegal.

All “viable and/or useful” options, not “useless” options. For example, no one is suggesting the K3 anymore because it is useless and it is dead. It is still technically an option, but do you feel like you want to file a I-130, wait for the receipt and then file a I-129F. 

[Mollie09 1,543]

4 hours 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

 

Not after landing on a K-1 she isn't.

[Loren Y 2,731]

Just now, Mollie09 said:

 

Not after landing on a K-1 she isn't.

I didn't mean LPR, but she is a legal resident. Your saying when my fiancee landed and came thru POE she was a illegal resident? I thought when you land on a K1 you have 90 days legal residence before you go out of status and start accuring unlawful days until you AOS. Boy, I better go back and read the guides again, because she got a state ID, and social security card when she was not here legally, I'm just that good I guess.

[Mollie09 1,543]

1 minute ago, Loren Y said:

I didn't mean LPR, but she is a legal resident. Your saying when my fiancee landed and came thru POE she was a illegal resident? I thought when you land on a K1 you have 90 days legal residence before you go out of status and start accuring unlawful days until you AOS. Boy, I better go back and read the guides again, because she got a state ID, and social security card when she was not here legally, I'm just that good I guess.

There's a reason a K-1 is a non-immigrant visa. People arriving on a K-1 are not considered residents until the adjust status.

 

But based on your response, this is my last post in response to you in this thread - I don't think there's anything of value to add here.

[payxibka 10,044]

6 minutes ago, Loren Y said:

I didn't mean LPR, but she is a legal resident. Your saying when my fiancee landed and came thru POE she was a illegal resident? I thought when you land on a K1 you have 90 days legal residence before you go out of status and start accuring unlawful days until you AOS. Boy, I better go back and read the guides again, because she got a state ID, and social security card when she was not here legally, I'm just that good I guess.

In order to apply for a ssn you must be a legal alien allowed to work (which a k1 technically is) which should not be confused with the term legal "resident"

[SalishSea 16,746]

7 hours ago, pkingking131 said:

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

Where did you get this info?  My husband arrived last October, we married six days later, and he received his combo card on 3/13/19.  Even if you marry pretty much before the passport stamp ink is dry, you still have to wait for your legal marriage certificate to be recorded at the county, etc.  

 

Not going to happen in 3 months with the way the timelines are currently, sorry.

[accumbyte 148]

3 hours ago, Loren Y said:

OP asked if it was possible to apply for AP before the AOS.

Not possible at all. Best case scenario USCIS would cancel that AP application and not cash the check. Read the I-131 instructions pages 4 and 5: https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf The "Advance Parole Document for Individuals Who Are Currently in the United States" section to be exact.

[Loren Y 2,731]

24 minutes ago, accumbyte said:

Not possible at all. Best case scenario USCIS would cancel that AP application and not cash the check. Read the I-131 instructions pages 4 and 5: https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf The "Advance Parole Document for Individuals Who Are Currently in the United States" section to be exact.

I said multiple times after fiancee came thru POE. I'm pretty sure once you come through a POE you will be in the United States, unless you miss the country on your flight. You only need to be in the US, have government photo ID ( passport) and a I94

[Just Paul 4,591]

8 hours ago, pkingking131 said:

My fiance has a job in her home country

Best advice is to either cancel the K1 and get a spousal or she takes half the year or more here on vacation.

[DakotaKid 38]

We filed for my wife's AOS at the end of August.  Paperwork was received on 4 September with NOA's shortly after.  Combo card was received on 14 March.

[accumbyte 148]

11 hours ago, Loren Y said:

You only need to be in the US, have government photo ID ( passport) and a I94

Did you read the section? There are select categories of people (i.e. AOS applicants, TPS beneficiaries, etc.) that can apply for advance parole. "You only need to be in the US, have government photo ID ( passport) and a I94" is flat-out incorrect.

Edited April 1, 2019 by accumbyte

[aaron2020 11,651]

20 hours 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!!!

Your plan will not work at all.

 

It takes about 5-7 months to get the EAD/AP.

 

AP will not be expedited for her to return home to continue her job and live back there.  AP is for short trips out of the US.

 

Reconsider your plan.  Either stuck in the US waiting for AP 5-7 months after entering on the K1 or cancel the K1, marry, and file for the CR-1.  

[aaron2020 11,651]

17 hours 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.

 

 

It would be helpful to give advice that is useful and practical.  Giving advice that gives the OP false hope about a quick AP is not useful and gets him to spin his wheels wasting time, money, and energy.  

 

When you waste the OP's time, don't get all offended when people opine that your advice is horrible and useless, then don't hide behind "It's not smart, but it's not wrong."  Who cares if it's not wrong when it's not smart.  Why point the OP in the direction of something that is not smart.  He can apply and waste $ and time, but the end result is NO AP that would would useful since it would expire when the I-94 expires and is unlikely to be adjudicated by the time the I-94 expires.  Thanks for your help.  

 

Some help should not be given.  Useless and harmful advice should not be given.  

[Loren Y 2,731]

9 minutes ago, aaron2020 said:

 

It would be helpful to give advice that is useful and practical.  Giving advice that gives the OP false hope about a quick AP is not useful and gets him to spin his wheels wasting time, money, and energy.  

 

When you waste the OP's time, don't get all offended when people opine that your advice is horrible and useless, then don't hide behind "It's not smart, but it's not wrong."  Who cares if it's not wrong when it's not smart.  Why point the OP in the direction of something that is not smart.  He can apply and waste $ and time, but the end result is NO AP that would would useful since it would expire when the I-94 expires and is unlikely to be adjudicated by the time the I-94 expires.  Thanks for your help.  

 

Some help should not be given.  Useless and harmful advice should not be given.  

Maybe I work for USCIS and am trying to generate a little more revenue, I need a raise.

[accumbyte 148]

19 minutes ago, aaron2020 said:

He can apply and waste $ and time, but the end result is NO AP that would would useful since it would expire when the I-94 expires and is unlikely to be adjudicated by the time the I-94 expires.

Not to be pedantic but it seems posters in this thread are mixing up the I-131 and I-765 instructions:

• In theory, an EAD can be approved for a K-1 that expires when the I-94 expires.
• One must be an AOS applicant, TPS beneficiary, etc to apply for AP. Even in theory, an AP cannot be approved for a K-1 that expires when the I-94 expires.

To put it bluntly, @Loren Y, to tell someone they can, even if in theory, is wrong information.

Edited April 1, 2019 by accumbyte