AoS & AP Timelines

[Kawika & Michelle 108]

Hi Folks...

 

Am I reading these timelines correctly:

 

AoS - Average total days until interview 262 days

Adjustment of Status (Green Card) I-485 US Immigration Statistics (visajourney.com)

 

AP - Average Total Days 224

Advance Parole (I-131) US Immigration Statistics (visajourney.com)

 

Our primary goal is to allow my fiancé to return to the Philippines around 9-10 months after she gets here so that she can have enough time to take her son to get his medical exam completed & interview for his K2 so that he can follow to join us within the year of her K1 visa issuance. Based on what I am seeing above, is it basically pointless to file for Advanced Parole since the decision seem to be close enough for us to achieve what we are hoping to achieve? It doesn't seem to make sense to pay $575 for the AP if the AoS will be completed a month later & within the time frame we are hoping to complete the process in. I am also planning to get our congressmen involved to ensure that she completes the AoS with enough time to get her son here.

 

Am I missing anything here?

 

Thanks!

 

Kawika

[OldUser 4,800]

18 minutes ago, Kawika & Michelle said:

I am also planning to get our congressmen involved to ensure that she completes the AoS with enough time to get her son here.

I wouldn't count on this too much. It helps sometimes, yes. Other times it has 0 effect.

 

I think AOS takes over a year on average.

Edited May 2, 2023 by OldUser

[Boiler 43,434]

AP is currently free but may be a cost when you get there.

 

I would normally say 7 to 9 months but that is an average, individual cases well. AP seems the best bet.

 

I do not understand how your Congressperson has any input to AoS and timelines vary significantly by Office.

[Redro 4,599]

26 minutes ago, Kawika & Michelle said:

Hi Folks...

 

Am I reading these timelines correctly:

 

AoS - Average total days until interview 262 days

Adjustment of Status (Green Card) I-485 US Immigration Statistics (visajourney.com)

 

AP - Average Total Days 224

Advance Parole (I-131) US Immigration Statistics (visajourney.com)

 

Our primary goal is to allow my fiancé to return to the Philippines around 9-10 months after she gets here so that she can have enough time to take her son to get his medical exam completed & interview for his K2 so that he can follow to join us within the year of her K1 visa issuance. Based on what I am seeing above, is it basically pointless to file for Advanced Parole since the decision seem to be close enough for us to achieve what we are hoping to achieve? It doesn't seem to make sense to pay $575 for the AP if the AoS will be completed a month later & within the time frame we are hoping to complete the process in. I am also planning to get our congressmen involved to ensure that she completes the AoS with enough time to get her son here.

 

Am I missing anything here?

 

Thanks!

 

Kawika

Has the USCIS fee change occurred already? Before filing for AP was free for K1 AOS applicants. 
ETA your looking at averages… processing times are all over the place. Some people are being approved under 6 months whilst others are wait over a year for AP/EAD and GC. 

Edited May 2, 2023 by ROK2USA

[slavaskii 885]

Now that the AP is decoupled from the EAD, it seems very unlikely that the AP will be expediently approved. See here for the AP approvals (Form I-131), in comparison to here for the EAD approvals (Form I-765). 

 

As a general trend, we're seeing 2023 filers receive EADs far quicker than those who filed in 2022. My understanding is that these are not combo cards, though I've heard some people are still getting them. In any event, it's highly probable that you'd get the AoS around the same time as the AP, which could be upwards of a year (though this is highly field office dependent). I don't see how your congressman can help this, so I would think of a backup plan just in case. From looking at timelines and what others have posted, many people never hear anything on the AP before AoS is completed.

 

@ROK2USA the notice-and-comment period for the proposed increase ended March 13th, so now USCIS still has issue a response and promulgate it; my understanding is they haven't yet, apparently there were over 5,000 received (though ofc they don't have to respond to the vast majority). It's doubtful they'll renege on the increase, nor should they IMHO, so that'll probably be here within the next few months.

 

Edit: Sorry I tagged you first by accident, Boiler

Edited May 2, 2023 by slavaskii

[Kawika & Michelle 108]

Unless I have the incorrect form or am misreading something...I am assuming that the cost for the AP is $575:

 

Application for Travel Document | USCIS

 

Based on some of what has been indicated above...what would be the use of an AP if it is generally not completed before the AoS? I figured that the whole point of having the AP was to allow for travel back to the home country (or anywhere) while the AoS is still processing. If I am misreading the fees, then it would be a no brainer to submit it just in case...but if it is a $575 gamble or useless document since it would be coming after the AoS is completed...then it would seem like a waste of money.

 

The I-765 also appears to have a filing fee of $410:

 

Application for Employment Authorization | USCIS

 

I don't really plan for my fiancé to work right away after she arrives here...so waiting a year or two for the AoS would be fine. Again...if the filing fee is free...I'll certainly file it for her...but if it is going to cost us $410 for something we aren't likely going to need or use before the AoS is completed...then it would again seem like a waste of money.

 

In addition, if the AOS and/or AP are taking over a year in some cases, how are they handling the "follow to join" K2 cases that would be affected by the parent not being able to return to the home country to bring their child/children back to the US? Seems like they either need to extend the "follow to join" or expedite the cases where the parents need to return to bring their younger children with them to the US. 

 

I have already contacted the Manila embassy to ask some other questions and they indicated in their response that the "follow to join" deadline of one year is not able to be extended (despite what we were told about it being extendable to 18 months due to COVID in the past)...so that's our main issue here. Making sure that we can get her son to the US within the one year timeframe and ideally allowing her or the both of us to return to the Philippines to fly back with him.

[Allaboutwaiting 2,500]

1 minute ago, Kawika & Michelle said:

Unless I have the incorrect form or am misreading something...I am assuming that the cost for the AP is $575:

 

Application for Travel Document | USCIS

 

Based on some of what has been indicated above...what would be the use of an AP if it is generally not completed before the AoS? I figured that the whole point of having the AP was to allow for travel back to the home country (or anywhere) while the AoS is still processing. If I am misreading the fees, then it would be a no brainer to submit it just in case...but if it is a $575 gamble or useless document since it would be coming after the AoS is completed...then it would seem like a waste of money.

 

The I-765 also appears to have a filing fee of $410:

 

Application for Employment Authorization | USCIS

 

I don't really plan for my fiancé to work right away after she arrives here...so waiting a year or two for the AoS would be fine. Again...if the filing fee is free...I'll certainly file it for her...but if it is going to cost us $410 for something we aren't likely going to need or use before the AoS is completed...then it would again seem like a waste of money.

 

In addition, if the AOS and/or AP are taking over a year in some cases, how are they handling the "follow to join" K2 cases that would be affected by the parent not being able to return to the home country to bring their child/children back to the US? Seems like they either need to extend the "follow to join" or expedite the cases where the parents need to return to bring their younger children with them to the US. 

 

I have already contacted the Manila embassy to ask some other questions and they indicated in their response that the "follow to join" deadline of one year is not able to be extended (despite what we were told about it being extendable to 18 months due to COVID in the past)...so that's our main issue here. Making sure that we can get her son to the US within the one year timeframe and ideally allowing her or the both of us to return to the Philippines to fly back with him.

There's no fee if attached/ related to I-485.

[Kawika & Michelle 108]

Just now, Allaboutwaiting said:

There's no fee if attached/ related to I-485.

 

Is this noted on the I-485? Because that is the one place I didn't look

[Kawika & Michelle 108]

Filing Forms I-765 and Form I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

[slavaskii 885]

Presently, neither the I-765 nor the I-131 cost anything if concurrently filed alongside the I-485. This is going to change, though, with the proposed fee increases, which could be published at any point given the comment period ended in March. If your fiancee's K-1 interview is on Thursday (according to your timeline), it's unknown whether she'll be able to get here, marry, and file for AoS before the fees increase. Again, that timeline's just not something we know. 

 

You're right that the AP is a gamble to get before AoS, but because it's a "free" gamble, it explains why everyone that was eligible to take it took it. Hence why there needs to be the fee increases to either (a) discourage people from filing it and / or (b) delegate enough resources to be able to clear the backlogs on various petitions. I think my take on the situation is that 9-10 months for AP sounds extremely unlikely, given the tens of thousands currently waiting to be approved, but if you happen to have a fast field office, she might just get the green card and obviate the need for AP altogether.

[Kawika & Michelle 108]

We plan to get married on June 10th...so the earliest I could file everything would likely be Monday, June 12th.

[Allaboutwaiting 2,500]

Just now, Kawika & Michelle said:

We plan to get married on June 10th...so the earliest I could file everything would likely be Monday, June 12th.

Remember you need the marriage certificate - not the license- to file. 

Will it be ready in two days? 

[Kawika & Michelle 108]

39 minutes ago, Allaboutwaiting said:

Remember you need the marriage certificate - not the license- to file. 

Will it be ready in two days? 

 

I just spent an hour researching our local county clerk site here in Texas & I don't think Texas has a Wedding Certificate. They do offer a keepsake certificate for an additional fee...but it is not a legal document of any kind. It looks like the way it works here in Texas is that you file for a marriage license, wait a minimum of 72 hours but not more than 90 days until you can get married. The officiant signs it & can either file it on your behalf or you can file it yourself. For the sake of expediency, I'll likely just choose to file it on my own as it is a pretty simple process & just requires a trip back to the county clerk for them to record it into the system. 

[Allaboutwaiting 2,500]

3 minutes ago, Kawika & Michelle said:

 

I just spent an hour researching our local county clerk site here in Texas & I don't think Texas has a Wedding Certificate. They do offer a keepsake certificate for an additional fee...but it is not a legal document of any kind. It looks like the way it works here in Texas is that you file for a marriage license, wait a minimum of 72 hours but not more than 90 days until you can get married. The officiant signs it & can either file it on your behalf or you can file it yourself. For the sake of expediency, I'll likely just choose to file it on my own as it is a pretty simple process & just requires a trip back to the county clerk for them to record it into the system. 

Look up by county. 

Is this yours: 

https://www.fortbendcountytx.gov/government/departments/county-clerk/birth-death-marriage/marriage-licenses

[Lil bear 3,831]

3 minutes ago, Kawika & Michelle said:

 

I just spent an hour researching our local county clerk site here in Texas & I don't think Texas has a Wedding Certificate. They do offer a keepsake certificate for an additional fee...but it is not a legal document of any kind. It looks like the way it works here in Texas is that you file for a marriage license, wait a minimum of 72 hours but not more than 90 days until you can get married. The officiant signs it & can either file it on your behalf or you can file it yourself. For the sake of expediency, I'll likely just choose to file it on my own as it is a pretty simple process & just requires a trip back to the county clerk for them to record it into the system. 

The signed completed and filed marriage license.. recorded and registered by the issuing TX county office .. is the legal evidence of the marriage