I131 while they approve I130?

[Marthaeu 39]

My friend need opinion about her case :

She married an American citizen and they sent I130 in Dec 2021. They only have NOA1 and need to urgently travel to their country due to illness of the mother.  can she send the I131 travel permit now or need to wait approval their petition?

[arken 4,197]

Was it only i130 or i485 too?

[Marthaeu 39]

13 minutes ago, arken said:

Was it only i130 or i485 too?

I think they only sent I130

[Dashinka 24,592]

So the foreign spouse is in the US planning to do AOS?  If so, just curious why they are waiting to file the I148 package?

[Marthaeu 39]

8 minutes ago, Dashinka said:

So the foreign spouse is in the US planning to do AOS?  If so, just curious why they are waiting to file the I148 package?

Well it seems that the citizen husband is a bit stubborn and did not receive advice and only sent the I130, she is in the US and entered on a tourist visa.  what can she do now?

Edited July 26, 2022 by Marthaeu

[powerpuff 6,729]

~~ Topic moved from CR1/IR1 to Working & Traveling during US immigration where I-131 (AP) questions are discussed ~~
 

7 minutes ago, Marthaeu said:

Well it seems that the citizen husband is a bit stubborn and did not receive advice and only sent the I130, she is in the US and entered on a tourist visa.  what can she do now?

Sounds like she will have to go through consular processing instead of Adjustment of status if she leaves now/near future.

Edited July 26, 2022 by powerpuff

[Marthaeu 39]

6 minutes ago, powerpuff said:

~~ Topic moved from CR1/IR1 to Working & Traveling during US immigration where I-131 (AP) questions are discussed ~~
 

Sounds like she will have to go through consular processing instead of Adjustment of status if she leaves now/near future.

She is not going to abandon the petition so she seeks advice to see what she can do now.  On the page she tells them that she can add documents.  can she send the I485,I131, I765?

[powerpuff 6,729]

Just now, Marthaeu said:

She is not going to abandon the petition so she seeks advice to see what she can do now.  On the page she tells them that she can add documents.  can she send the I485,I131, I765?

Yes she can and she should have a long time ago. However, I wouldn’t count on getting an expedited I-131 fast. First she has to wait for NOA1s, then biometrics have to be taken, only after that she can send a request to expedite the I-131. It won’t be quick.

[Marthaeu 39]

6 minutes ago, powerpuff said:

Yes she can and she should have a long time ago. However, I wouldn’t count on getting an expedited I-131 fast. First she has to wait for NOA1s, then biometrics have to be taken, only after that she can send a request to expedite the I-131. It won’t be quick.

I understand.  Thanks for the information and well they have only received I797C that received the application and that was in Dec / 2021.So they will send everything that is missing.

[powerpuff 6,729]

5 minutes ago, Marthaeu said:

I understand.  Thanks for the information and well they have only received I797C that received the application and that was in Dec / 2021.So they will send everything that is missing.

Please refer her to the guide below and she should not forget to include a copy of the NOA1 for I-130 to show that it has been filed already:

 

 

It’s a shame she has not done so before, she could have received a green card already depending on her field office. It took me about 7 months from filing I-485 to receive a GC

Edited July 26, 2022 by powerpuff

[Marthaeu 39]

13 minutes ago, powerpuff said:

Please refer her to the guide below and she should not forget to include a copy of the NOA1 for I-130 to show that it has been filed already:

 

 

It’s a shame she has not done so before, she could have received a green card already depending on her field office. It took me about 7 months from filing I-485 to receive a GC

I will ! Thanks. A lot of time wasted because the husband thinks he knows everything and does not ask or seek advice.

[Dashinka 24,592]

4 minutes ago, Marthaeu said:

I will ! Thanks. A lot of time wasted because the husband thinks he knows everything and does not ask or seek advice.

You should suggest to them to set up a VJ account.

[Marthaeu 39]

22 minutes ago, Dashinka said:

You should suggest to them to set up a VJ account.

I will !! 

[arken 4,197]

 

 

1 hour ago, Marthaeu said:

and need to urgently travel to their country due to illness of the mother.

It all depends on how soon she needs travel?  It will take a bit to prepare stuffs for i485 package. Then 2 weeks to a month or more time to get the receipt notice only after which you can request the expedite of i131 which may take month or two even if expedite approved.

[Marthaeu 39]

3 minutes ago, arken said:

 

 

It all depends on how soon she needs travel?  It will take a bit to prepare stuffs for i485 package. Then 2 weeks to a month or more time to get the receipt notice only after which you can request the expedite of i131 which may take month or two even if expedite approved.

Thanks.