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Wait for green card or file I-131 for AP?

By turbotails in Working & Traveling During US Immigration

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turbotails Apprentice

turbotails   8

Posted
Filed: AOS (apr) Country: India
 Timeline
Posted

Hi fellow applicants,

 

My wife (U.S. citizen) and I (formerly F-1 student) applied for my adjustment of status (plus I-130 and I-765, but no I-131) to permanent residency way back in May 2020 (;_;) and we're still waiting for it to be granted... Timeline is below.

 

Latest update from the USCIS is that our interview is "ready to be scheduled", but that was back in March 2022 with no interview scheduled yet.

 

My sister's getting married abroad in February 2023 - so in March we had thought surely the green card will come by February, but no sign of it yet...

 

We had also reached out to our Congressperson last month for any update on our case, and received a reply yesterday:

Quote

Our records indicate that the case is under further review by the Chicago Field Officer. All evidence submitted in support of the application for the immigration benefit being sought is being examined.

Cases may require additional review for a variety of reasons. While the processing steps for most applications are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays. It is difficult to predict with accuracy when this review will be completed. As soon as a decision or notice of action is made, your constituent will be sent a notice.

 

If the interview is ready to be scheduled since March, but the case is still in Chicago, does this mean they're considering waiving the interview? Otherwise, wouldn't the case be handled in the San Antonio field office (our closest)?

 

So now I'm facing a choice:

  1. Wait for the green card and hope I can travel in February (which would be 11 months after "interview ready to be scheduled")
  2. File I-131 for travel authorization (at an additional cost of $575 to this already-expensive process) which we may or may not get by February...

Timeline for Adjustment of Status:

  • May 4, 2020 (0 days) - 'Application received' (I-485, I-765)
  • Feb 8, 2021 (9 months, 3 days!) - 'Fingerprints taken', one day after biometrics appointment
  • Apr 13, 2021 (11 months, 8 days!) - 'New card is being produced' for I-765, employment authorization
  • Apr 17, 2021 (11 months, 12 days) - Original EAD delivered by USPS
  • Mar 29, 2022 (1 year, 10 months, 25 days!) - Case 'Ready to be scheduled for an interview'
  • Jan 18, 2023 (2 years, 8 months, 14 days!) - Received RFE for I-693 + evidence of marriage (I-751?)
  • May 2, 2023 (2 years, 11 months, 28 days!) - I-485 application approved!
  • May 9, 2023 (3 years, 5 days; or 36 months, 5 days; or 1100 days!!!) - 10-year permanent resident card delivered!

 

Timeline for EAD renewal:

  • Feb 23, 2022 (0 days) - 'Application received' (I-765)
  • Feb 25, 2022 (2 days!) - 'Card is being produced' for I-765
  • Mar 4, 2022 (9 days 🤯) - renewed EAD delivered by USPS

 

Timeline for travel authorization:

  • Oct 7, 2022 (0 days) - 'Application received' (I-131)
  • Dec 2, 2022 (56 days) - 'Fingerprints taken'
  • Dec 6, 2022 (60 days) - Advance Parole Document was produced
Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

If you have a pending I485, I don't believe the I131 will cost you anything, so you could file it and include the NOA from your I485 submission.  However, with the current processing times of I131's not likely you would have that in time for February 2023, and a wedding is not really a basis for expediting.  

 

At this point, you can file the I131, and hope either the GC interview comes up, or the I131 gets approved.

 

Good Luck

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

turbotails Apprentice

turbotails   8

Posted
Filed: AOS (apr) Country: India
 Timeline
  • Author
Posted (edited)
19 minutes ago, Dashinka said:

If you have a pending I485, I don't believe the I131 will cost you anything, so you could file it and include the NOA from your I485 submission.  However, with the current processing times of I131's not likely you would have that in time for February 2023, and a wedding is not really a basis for expediting.  

 

At this point, you can file the I131, and hope either the GC interview comes up, or the I131 gets approved.

 

Good Luck

Yeah if it's free I'll definitely do it; but I don't want to spend $575 if the chances of AP being approved before February are pretty low anyway.

 

Edit: You're right, it is possibly free!

 

The table under Filing Fee at https://www.uscis.gov/i-131 shows $575 for "Advance Parole - Type D (pending Form I-485 or Form I-821)"

 

But then further down the page it also says  "You do not need to pay an additional fee for Form I-131 if:

  • You are filing Form I-131 Application Type B or D; (I am)
  • You filed a Form I-485 with a fee on/after July 30, 2007; and (I did)
  • Your Form I-485 is still pending." (it is)

 

So which one is it - $575 or $0?

Edited by turbotails
Checked USCIS form page again

Timeline for Adjustment of Status:

  • May 4, 2020 (0 days) - 'Application received' (I-485, I-765)
  • Feb 8, 2021 (9 months, 3 days!) - 'Fingerprints taken', one day after biometrics appointment
  • Apr 13, 2021 (11 months, 8 days!) - 'New card is being produced' for I-765, employment authorization
  • Apr 17, 2021 (11 months, 12 days) - Original EAD delivered by USPS
  • Mar 29, 2022 (1 year, 10 months, 25 days!) - Case 'Ready to be scheduled for an interview'
  • Jan 18, 2023 (2 years, 8 months, 14 days!) - Received RFE for I-693 + evidence of marriage (I-751?)
  • May 2, 2023 (2 years, 11 months, 28 days!) - I-485 application approved!
  • May 9, 2023 (3 years, 5 days; or 36 months, 5 days; or 1100 days!!!) - 10-year permanent resident card delivered!

 

Timeline for EAD renewal:

  • Feb 23, 2022 (0 days) - 'Application received' (I-765)
  • Feb 25, 2022 (2 days!) - 'Card is being produced' for I-765
  • Mar 4, 2022 (9 days 🤯) - renewed EAD delivered by USPS

 

Timeline for travel authorization:

  • Oct 7, 2022 (0 days) - 'Application received' (I-131)
  • Dec 2, 2022 (56 days) - 'Fingerprints taken'
  • Dec 6, 2022 (60 days) - Advance Parole Document was produced
Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
6 minutes ago, turbotails said:

Yeah if it's free I'll definitely do it; but I don't want to spend $575 if the chances of AP being approved before February are pretty low anyway.

 

Edit: You're right, it is possibly free!

 

The table under Filing Fee at https://www.uscis.gov/i-131 shows $575 for "Advance Parole - Type D (pending Form I-485 or Form I-821)"

 

But then further down the page it also says  "You do not need to pay an additional fee for Form I-131 if:

  • You are filing Form I-131 Application Type B or D; (I am)
  • You filed a Form I-485 with a fee on/after July 30, 2007; and (I did)
  • Your Form I-485 is still pending." (it is)

 

So which one is it - $575 or $0?

It is $0 if you include the NOA from the pending I485.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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