Wife's brother in Poland is getting married, what to do? AP/I-131 topic

[igoyougoduke 1,605]

19 hours ago, kloisha said:

are you saying that if we left in February (no overstay for her then), our case filed for AOS will still continue to be reviewed although she's no longer in the US? And in that case you're saying that she'd be waiting there, say, until october or so (whenever the case would finally be processed), and be interviewed at the embassy instead?...

i thought that if she leaves the country it's abandoning AOS period, regardless if she's leaving before or after february 7th (i-94 deadline). am i misunderstanding how that works?...

no it means you will be IR category spousal visa now that you are married. You AOS/K1 route will get denied once she leaves US. you will restart the whole process and it might be 18-30 months before your spouse will get her immigrant visa to US 

[kloisha 2]

12 hours ago, Kor2USA said:

OP wants it both ways.. the ability to for his wife to live and work in Poland with the "shorter" AOS timeline in the States...

While i appreciate sincerely your input, you might want to revise your statements a little because you keep repeating strange allegations. I've repeatedly stated that my wife is neither seeking to live nor work in Poland. She runs a company that provides design services to clients internationally in the luxury wedding industry. It turns out that she is booked with clients in May in Poland (an assignment that takes a week total), but it could be in France, Italy or South Korea. The location is irrelevant. Her company (her only current source of revenue) is going to incur a financial loss if she can't travel there to serve clients who booked her over 2 years ago (that's how it works when you marry, i'm sure you know). Her intention is absolutely NOT to stay to "live in Poland" after that, as you claimed multiple time. I own a house in Miami and have had my own business here for several years as a business consultant (working remotely mostly). My dad got sick with lung cancer 6 years ago in Poland (he was Polish), so i had to travel back and forth to help him with his business and he eventually passed away 5 years ago. I had then to stay in Warsaw to handle the family business and his estate, and it took around 5 years to sell it all. I met my wife there in the meantime and we married 3 years ago while was visiting Miami with me, then we had our church wedding in Warsaw and stayed there 3 years, so our intention at the time wasn't to move to the US, she had her own life and business there. But frankly i had never lived in Poland before that, the climate wasn't really for me, plus being distant from the US caused my business to frail. While indeed on vacation first to mexico and then to the US to check also on my house that had been empty for 3 years, i discovered it had been robbed and vandalized. I got truly pissed at the damage, especially considering the insurance paid zero because the alarm had failed due to power outages that had not been addressed. Additionally my late dad's house finally sold in Poland in the meantime (while we were in the US), so we don't even have where to live in Poland any more. Long story short, I've decided maybe a month after we arrived that i would not go back to Poland. I have no family there any longer/ And my wife and i love each other, so obviously i convinced her to stay and simply transfer her business office in the US. Its location doesn't matter as her clients are all around the world anyway. So obviously our intention wasn't to stay originally, we were just on vacation and had return tickets for 2 weeks later, but the shock of seeing how my house looked like (i literally had squatters living in it), had me decide it was enough. I had given 5 years of my life to my late father, sacrificing my own business activity, and i barely speak Polish, so nothing keeps me in Poland. Separating from my wife was never an option, and it shouldn't be to anyone really.

 

Anyway, i'm digressing and went into more details than i probably should, but each story has its context, and it's a bit hurtful when people judge you without knowing the whole story.

 

As for your advice, all of it has been well understood. I realize the risks more clearly now, and am slowly getting her to accept the situation. We'll still attempt to expedite either the EAD or the AP, but i believe the AP makes more sense since it falls under chapter 5, and the financial loss for her company is an angle that may work. Although i understand your POV that from the USCIS perspective, they're more concerned about losses of US businesses. But this is quite speculative, there's no clear definition in chapter 5 of the amount of financial loss (it just says 'substantial') and it just says it can be a business or a person. Don't forget that Poland and US are 2 countries that have multiple treaties, including regarding double taxation, so i take a financial loss for a Polish business could also be considered somewhat of a priority. I'll probably talk to a laywer though to determine what's the best course of action, but i bet there's far more people filing to expedite their EAD than their AP...

[kloisha 2]

13 hours ago, Crazy Cat said:

You asked, but I never saw his answer.......did he answer?

yes, we filed the whole package. i-130/130A, i-131, i-765, i-864 and i-693. we've been married over 3 years, married in the US.

[Crazy Cat 39,340]

7 hours ago, kloisha said:

yes, we filed the whole package. i-130/130A, i-131, i-765, i-864 and i-693. we've been married over 3 years, married in the US.

Thanks.  We asked because someone recently filed only an I-485 package....and the adjustment was denied.

[Beto75 5]

Is your wife on H1 or L status?

[Ontarkie 13,919]

Your wife needs to expedite her EAD along with AP.  She would not be authorized to work her international compony inside the US without her EAD.  If you're going to try the financial loss angle to expedite AP they will want to see how she is running her company without work authorization. 

[jim_julian 25]

Zoom ... explain it to the family, hopefully they will understand.

[kloisha 2]

On 11/28/2021 at 8:18 PM, Ontarkie said:

Your wife needs to expedite her EAD along with AP.  She would not be authorized to work her international compony inside the US without her EAD.  If you're going to try the financial loss angle to expedite AP they will want to see how she is running her company without work authorization. 

thank you for your response. wifey doesn't operate her business (yet) in the US, precisely because she's not authorized to work here. but like many freelance artists who work internationally, the situation isn't as black or white. what's important in such cases is where their business is registered.

 

in wifey's case she's a floral and event designer, and her business has been registered in Poland for several years, and she is absolutely entitled to continue operating it from wherever she pleases, as long as it's not in the US until she gets an EAD. Then she probably will move and register her company here in the US to make it more simple for bookkeeping and paying taxes.

 

But in her particular case she has 2 upcoming weddings next spring she's contracted already 2 years ago in Poland (covid messed up and postponed many weddings), so not only she would lose potentially-earned money by being unable to satisfy her contracts with those 2 clients if she can't travel there, but she actually would lose money on top by having to pay penalties to them for letting them lose like that only a few months before their wedding, and her contracts with them stipulated penalties for early termination. We're talking of a total of around $20K of financial loss, not just a few hundreds. And her trip there would be only for 2-3 weeks as those 2 weddings follow each other, at which point she'll head back to the US immediately.

 

Anyway, we'll see and try to see if that angle sticks and we get to expedite the AP process...

 

 

Edited December 15, 2021 by kloisha

[Boiler 43,546]

I am sure she knows plenty of other people in the business, could she not contract with them to cover for her?

[kloisha 2]

2 hours ago, Boiler said:

I am sure she knows plenty of other people in the business, could she not contract with them to cover for her?

unfortunately it's a highly competitive market and event designers who sign contracts with wedding planners (usually up to 2 years in advance) are not well seen if they cancel the decoration of a venue "last minute" like that. So really even my wife's reputation in this field is at play, which is priceless and something she worked years to establish. Also, floral and event designers are booked at least a year (and usually 2 years) in advance, so it's not like she could "pass on" her obligations to a competitor and expect them to be available, they won't. We're talking spring 2022 after 2 years of covid. Trust me, people are even resorting to getting married on thursdays because there's no availability on any weekend through 2022 spring/summer season.

[Redro 4,601]

4 hours ago, kloisha said:

thank you for your response. wifey doesn't operate her business (yet) in the US, precisely because she's not authorized to work here. but like many freelance artists who work internationally, the situation isn't as black or white. what's important in such cases is where their business is registered.

 

in wifey's case she's a floral and event designer, and her business has been registered in Poland for several years, and she is absolutely entitled to continue operating it from wherever she pleases, as long as it's not in the US until she gets an EAD. Then she probably will move and register her company here in the US to make it more simple for bookkeeping and paying taxes.

 

But in her particular case she has 2 upcoming weddings next spring she's contracted already 2 years ago in Poland (covid messed up and postponed many weddings), so not only she would lose potentially-earned money by being unable to satisfy her contracts with those 2 clients if she can't travel there, but she actually would lose money on top by having to pay penalties to them for letting them lose like that only a few months before their wedding, and her contracts with them stipulated penalties for early termination. We're talking of a total of around $20K of financial loss, not just a few hundreds. And her trip there would be only for 2-3 weeks as those 2 weddings follow each other, at which point she'll head back to the US immediately.

 

Anyway, we'll see and try to see if that angle sticks and we get to expedite the AP process...

 

 

Have you requested an expedite yet?