Please I need help

[favored13 10]

My husband came to the U.S on K1 visa July 2021, we got married before the 90 days deadline. We filled AOS October 2021 and received RFE on I-864 Affidavit of Support. We submitted our response Nov 2021, and since then no update. My husband wants to travel to his home country to go see his aged mother who is sick, but he has no GC to travel. We didn't apply for AP because we didn't think the GC will delay to this extent. I have tried calling USCIS but the automated system won't let me speak with a live agent. I have also contacted my Congressman office, they have sent a message to USCIS twice still no movement.  We are not sure what else to do to get the GC approved so my husband can go see his sick mother. Does anyone have a trick to get live agent on phone? Also, any suggestions on what we need to do about our case? Thank you in advance for your response.

[powerpuff 6,729]

GC can take up to 2 years, sometimes even longer depending on a field office. Unfortunately, they will not expedite I-485 for those reasons. You can file I-131 (AP) and then try to expedite it afterwards. It’s unfortunate you didn’t apply for it initially as it would have been free to do so.

Edited September 21, 2022 by powerpuff

[Crazy Cat 41,980]

16 minutes ago, favored13 said:

My husband came to the U.S on K1 visa July 2021, we got married before the 90 days deadline. We filled AOS October 2021 and received RFE on I-864 Affidavit of Support. We submitted our response Nov 2021, and since then no update. My husband wants to travel to his home country to go see his aged mother who is sick, but he has no GC to travel. We didn't apply for AP because we didn't think the GC will delay to this extent. I have tried calling USCIS but the automated system won't let me speak with a live agent. I have also contacted my Congressman office, they have sent a message to USCIS twice still no movement.  We are not sure what else to do to get the GC approved so my husband can go see his sick mother. Does anyone have a trick to get live agent on phone? Also, any suggestions on what we need to do about our case? Thank you in advance for your response.

He MIGHT qualify for emergency Advance Parole.  There is never a good reason NOT to file for AP along with the I-485.  Good luck.  

Edited September 21, 2022 by Crazy Cat

[Mike E 11,740]

That’s a tough situation. Had I-131 been applied for back in 2021, the AP document would likely be in hand by now.  
 

The fact that the RFE from I-864 was received 10 months ago with no further response is actually a great sign for the I-485 case.  
 

I agree you should try for the emergency AP.  

[rndz 12]

On 9/21/2022 at 8:05 AM, favored13 said:

 Does anyone have a trick to get live agent on phone? 

During the recorded answering spiel, say "Infopass" and you'll get into a queue to speak to an agent - at least that has worked for me as recently as last week.  We're in the same situation - didn't think there was a need to apply for AP, then my wife had a death in the family.

 

Good luck.