Questions about AOS (& Adv Parole & EAD)

[David and Anna 118]

1) How long does AOS take? (even a range?  I can't seem to find data like I can for the I-129F processing times...)

 

2) Also, am I reading the data correct regarding Advance Parole (I-131) and EAD (I-765) that it is currently taking over 4 months on average to get those approved?

 

3) So my question is to then confirm that the beneficiary cannot work or travel back to her home for 4 months after we file AOS and those forms (on average of course)?

 

[That is awful if true...they want our fiance's here in the USA but sitting on the couch rather than working here or at their country or at least seeing their family?  So weird...]

Edited January 23, 2020 by David and Anna

[David and Anna 118]

follow-up.  I found the data on here for AOS processing times.  My follow-up question then is:

 

Are those times for I-129F process holders with a K-1 to AOS only?  Or for all types of AOS filings? (there are myriad other immigration states that also request AOS, most of which are not as simple/documented as K-1 visa holders I imagine, are the stats for "all types of AOS requests" or solely K-1 to AOS...)

Edited January 23, 2020 by David and Anna

[Dashinka 23,313]

25 minutes ago, David and Anna said:

1) How long does AOS take? (even a range?  I can't seem to find data like I can for the I-129F processing times...)

Depends on the local office, but in general, anywhere from 6-14 months.

25 minutes ago, David and Anna said:

 

2) Also, am I reading the data correct regarding Advance Parole (I-131) and EAD (I-765) that it is currently taking over 4 months on average to get those approved?

I have been hearing 5-7 months lately.  In fact there are several stories of folks getting their GCs prior to the EAD/AP.

25 minutes ago, David and Anna said:

 

3) So my question is to then confirm that the beneficiary cannot work or travel back to her home for 4 months after we file AOS and those forms (on average of course)?

 

[That is awful if true...they want our fiance's here in the USA but sitting on the couch rather than working here or at their country or at least seeing their family?  So weird...]

You are correct, this is one major drawback of the K1 or doing AOS from inside the US.  If immediate international travel and work is a big deal, a spousal visa may be a much better option.

10 minutes ago, David and Anna said:

follow-up.  I found the data on here for AOS processing times.  My follow-up question then is:

 

Are those times for I-129F process holders with a K-1 to AOS only?  Or for all types of AOS filings? (there are myriad other immigration states that also request AOS, most of which are not as simple/documented as K-1 visa holders I imagine, are the stats for "all types of AOS requests" or solely K-1 to AOS...)

To my knowledge, this is all AOSs, not just K1s.  You can look at the USCIS processing times for your local office here.

 

Good Luck!

 

https://egov.uscis.gov/processing-times/

[Duke & Marie 1,389]

53 minutes ago, David and Anna said:

 

 

[That is awful if true...they want our fiance's here in the USA but sitting on the couch rather than working here or at their country or at least seeing their family?  So weird...]

You’re date’s are very generous with its estimate of 4 months... likely more like 6-9

 

yes, it’s the truth.. and one of the joys of k1.. get there fast, but then you get held up like the rest of us, and generally have financial problems because of it. hence why people choose CR1 stay home, work, save and land in the USA ready to start a life with loved ones rather than sit on couch for six months.. overall, k1 takes just as long as CR1 if not longer and is more expensive.. the only benifit from it is you get to land in country a little sooner than us. 

[David and Anna 118]

Thanks for the replies.  Wow, I didn't realize she would be locked here and sitting on her butt for so many months...we may have a rethink on this.  Its as if this process doesn't have a goal of helping the USA economy (or anything or anyone) it seems.  Not feeling terribly proud of my government at the moment.  I'm going to start looking into plan b...(wrongly I thought the EAD and AP were quick processes given the way they were described before I found the actual data and got your input here. We didn't mind that the AOS could take awhile provided she could work and go home to visit family...).  This option just flat out doesn't work for folks with a job or that need or want a job.  So stupid.  Its like its designed for mail order brides and arranged marriages.  Not for productive, working folks that met someone overseas.  We gotta rethink this.  (sorry for the venting...I doubt I'm the first to do so on this topic!)

Edited January 23, 2020 by David and Anna

[gregcrs2 1,777]

3 minutes ago, David and Anna said:

Thanks for the replies.  Wow, I didn't realize she would be locked here and sitting on her butt for so many months...we may have a rethink on this.  Its as if this process doesn't have a goal of helping the USA economy (or anything or anyone) it seems.  Not feeling terribly proud of my government at the moment.  I'm going to start looking into plan b...(wrongly I thought the EAD and AP were quick processes given the way they were described before I found the actual data and got your input here).

It never was a goal of helping the economy.  Sorry immigration rules don't make you proud of our government.  Immigration policies here are much better than most countries.  Have you researched what is required to immigrate to her country?   

[David and Anna 118]

7 minutes ago, gregcrs2 said:

It never was a goal of helping the economy.  Sorry immigration rules don't make you proud of our government.  Immigration policies here are much better than most countries.  Have you researched what is required to immigrate to her country?   

 

well, actually a lot of immigration rules are designed to help the economy (both now and historically).  Not hard to find examples...

 

Her country is surprisingly easier than this (except for the language barrier) as I understand it (after a fair bit of research).  MOST other countries I've looked into have a concept of a "resident card" that is time limited and far easier to get than a green card (no, not like our 2-year limit for new marriages).  That is what most immigrating spouses get when going to those countries...and thus its not near the work that a GC is.

 

Look, I love my country (and have lived in several others so I have a fair basis of comparison), but that doesn't mean I can't criticize it when warranted.  And it also doesn't mean that it merely be better than other countries to be loved.  But this thread shouldn't be about that.  I'll attempt to refrain from  pointing out any obvious issues with our immigration system.

 

EDIT:  but the whole point of the existence of the AP and EAD is to allow for travel and work while waiting for the GC.  If there is a long time to AP/EAD - up to near the GC anyways in some cases we are told - then obviously the system isn't working as designed or even to any benefit.

Edited January 23, 2020 by David and Anna

[gregcrs2 1,777]

7 minutes ago, David and Anna said:

 

well, actually a lot of immigration rules are designed to help the economy (both now and historically).  Not hard to find examples...

 

Her country is surprisingly easier than this (except for the language barrier) as I understand it (after a fair bit of research).  MOST other countries I've looked into have a concept of a "resident card" that is time limited and far easier to get than a green card (no, not like our 2-year limit for new marriages).  That is what most immigrating spouses get when going to those countries...and thus its not near the work that a GC is.

 

Look, I love my country (and have lived in several others so I have a fair basis of comparison), but that doesn't mean I can't criticize it when warranted.  And it also doesn't mean that it merely be better than other countries to be loved.  But this thread shouldn't be about that.  I'll attempt to refrain from  pointing out any obvious issues with our immigration system.

 

EDIT:  but the whole point of the existence of the AP and EAD is to allow for travel and work while waiting for the GC.  If there is a long time to AP/EAD - up to near the GC anyways in some cases we are told - then obviously the system isn't working as designed or even to any benefit.

The K-1 is not the best option for many people.  Most people that went the K-1 route eventually wished they went the spousal visa route.  Have spent lots of time in Poland and like it very much.  I never had any real problems with language there as many of them speak some English.  Probably spousal visa is a better option for you.     

[David and Anna 118]

5 minutes ago, gregcrs2 said:

The K-1 is not the best option for many people.  Most people that went the K-1 route eventually wished they went the spousal visa route.  Have spent lots of time in Poland and like it very much.  I never had any real problems with language there as many of them speak some English.  Probably spousal visa is a better option for you.     

Thanks again for the replies.  The main reason I chose the 129F over the 130 was because it limited our time apart (I can only be in the schengen for 90 days in a 180 period to see her in Poland) and thus went that way.  The mistake I made was thinking that the EAD and AP were quick gets after she arrived into the USA (I got that from reading some specific things on USA immigration websites).  Sadly, I was wrong on that!

 

We also have a slight preference for getting married in the USA.

 

I am going to talk to her tonight when she gets home from work and see if she still thinks the I-129F is the way to go now that she knows that she might be locked in the USA for 6 months and not able to work.  She is used to working of course and she travels internationally (usually to see me in the USA and then back to see her parents in Poland) pretty much every month. So that 6 months will be an adjustment/sacrifice for her.  We shall see what she says...

 

In the meantime, I found the DCF option and am going to look into that in London (where we are now) or Poland (where we will be starting in May).  Not sure we qualify or even that the USCIS offices will be around in those places...

[Crazy Cat 39,398]

1 hour ago, David and Anna said:

Thanks for the replies.  Wow, I didn't realize she would be locked here and sitting on her butt for so many months...we may have a rethink on this.  Its as if this process doesn't have a goal of helping the USA economy (or anything or anyone) it seems.  Not feeling terribly proud of my government at the moment.  I'm going to start looking into plan b...(wrongly I thought the EAD and AP were quick processes given the way they were described before I found the actual data and got your input here. We didn't mind that the AOS could take awhile provided she could work and go home to visit family...).  This option just flat out doesn't work for folks with a job or that need or want a job.  So stupid.  Its like its designed for mail order brides and arranged marriages.  Not for productive, working folks that met someone overseas.  We gotta rethink this.  (sorry for the venting...I doubt I'm the first to do so on this topic!)

In case you are interested, this is my simple comparison:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.  

K-1
    Slightly faster arrival in the US    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[David and Anna 118]

1 minute ago, missileman said:

In case you are interested, this is my simple comparison:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.  

K-1
    Slightly faster arrival in the US    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

That's a great summary, it should be THE sticky on the front of the entire VJ website... 

 

Key question:  how much is "slightly slower arrival in the US"?  (I know its unknowable precisely, but range these days?)

 

Second question:  So, I'm a dummy and our I-129F is in DHL's hands and arriving in texas today...is it even possible to cancel that and submit CR-1 later?  Any idea how to do that?

 

(I'm also going to look into the DCF concept, that *might* work for us - but I doubt we will qualify, or at least may not do so before they eliminate the office for that in London)

 

Thanks!!

 

 

[payxibka 10,044]

25 minutes ago, David and Anna said:

Thanks again for the replies.  The main reason I chose the 129F over the 130 was because it limited our time apart (I can only be in the schengen for 90 days in a 180 period to see her in Poland) and thus went that way.  The mistake I made was thinking that the EAD and AP were quick gets after she arrived into the USA (I got that from reading some specific things on USA immigration websites).  Sadly, I was wrong on that!

 

We also have a slight preference for getting married in the USA.

 

I am going to talk to her tonight when she gets home from work and see if she still thinks the I-129F is the way to go now that she knows that she might be locked in the USA for 6 months and not able to work.  She is used to working of course and she travels internationally (usually to see me in the USA and then back to see her parents in Poland) pretty much every month. So that 6 months will be an adjustment/sacrifice for her.  We shall see what she says...

 

In the meantime, I found the DCF option and am going to look into that in London (where we are now) or Poland (where we will be starting in May).  Not sure we qualify or even that the USCIS offices will be around in those places...

Poland does not have petiioner residency based DCF,  also, London is slated to close in the near term future 

[Crazy Cat 39,398]

1.  As reported by other VJ members the total processing time is as follows:

  Average time from filing to interview for a K-1= 218 days

  Average time from filing to interview for a CR-1= 496 days

https://www.visajourney.com/times/

 

2.  You can follow this procedure:

   A.  Send a letter to USCIS to withdraw the I-129f

   B.  Marry

   C.  Start the CR-1 process.  Below is the guide for Cr-1.

 

Edited January 23, 2020 by missileman

[David and Anna 118]

Thank you again ^^

 

Yikes, ~500 days, or 16 months...too long! I guess that's why we went with K-1...

 

I'll post here after I speak to her tonight about the ~6 month "forced vacation" in the USA she must endure :-)

 

If she is okay with that, we will stay on the K-1 path...

 

If not, we will try to blitz the London NCF option (unlikely, but I'll try).  Otherwise plan B or C...we just want to be together someplace.  The USA is choice one, but we don't want to have to be apart and otherwise suffer just to get there...there are lots of nice places to live and we have tried a few, may have a total rethink given the bureaucratic nonsense/delays we are facing with the USA process. (don't even get me started on how duplication the 129 and 134 and 485 forms are...the same info entered multiple times...if my businesses had broken processes like that, I wouldn't be retired now!)

Edited January 23, 2020 by David and Anna

[Dashinka 23,313]

46 minutes ago, David and Anna said:

Thank you again ^^

 

Yikes, ~500 days, or 16 months...too long! I guess that's why we went with K-1...

 

I'll post here after I speak to her tonight about the ~6 month "forced vacation" in the USA she must endure :-)

 

If she is okay with that, we will stay on the K-1 path...

 

If not, we will try to blitz the London NCF option (unlikely, but I'll try).  Otherwise plan B or C...we just want to be together someplace.  The USA is choice one, but we don't want to have to be apart and otherwise suffer just to get there...there are lots of nice places to live and we have tried a few, may have a total rethink given the bureaucratic nonsense/delays we are facing with the USA process. (don't even get me started on how duplication the 129 and 134 and 485 forms are...the same info entered multiple times...if my businesses had broken processes like that, I wouldn't be retired now!)

No one wants to be apart, but that is a burden many of us taking this route must face.  All countries have some form of bureaucratic hurdles necessary for immigrants, some easier, some not so easy.  The US for family based visas is fairly middle of the road.  One thing the US does have which most countries do not is in fact the fiancé visa.  My understanding is that to get a residency in most other countries it has to be spouse or employment based.  Regardless, these are the rules and they have been that way for quite some time (i.e. not related to WH occupant).  I do happen to agree with you that less government is better, but until Congress actually decides to do something, it is what it is.

 

Good Luck!

Edited January 23, 2020 by Bill & Katya