1-135 Travel application for K1

[h2oshore 0]

My fiance arrived here a couple of weeks ago. Now we have been married and are preparing the necessary adjustment of status papers to send. She needs to return home for 2-3 months at the end of December.

We were told overseas and at immigration at the POE, that travel was not a big issue, just send in a request.

Today I talked to someone at USCIS and she indicated that if we sent the 1-131 with our adjustment of status papers it would likely be a very long time before we received approval (5-9 months).

She did not recommend sending the 1-131 separately with the hope of a speedier approval.

She said that if my wife wanted to leave before the end of the year she would need to stay in her home country for at least 6 months, in which case she could file with the consulate there.

This made little sense to me.

Can anybody help us?

Thank you.

[YuAndDan 153]

I-131 typically takes 2-3 months:

http://www.visajourney.com/timeline/aplist...;op4=1&op5= (The 2 month processing out weighs the few odd LONG ones)

The timelines are very useful please help others. http://www.visajourney.com/timeline/profile.php?id=26639

Send the I-131 with your I-485, If you dont have AP a few weeks before planned trip, you can do an info-pass appointment and bring I-131 NOA letter and evidence of trip plan, and they MAY issue you an AP on the spot.

[Dakine 26]

Ditto on what Dan said.

Sounds like the lady gave you some bad info. Pretty normal for the USCIS MISinformation service.

"She said that if my wife wanted to leave before the end of the year she would need to stay in her home country for at least 6 months, in which case she could file with the consulate there."

HUH?

[YuAndDan 153]

Ditto on what Dan said.

Sounds like the lady gave you some bad info. Pretty normal for the USCIS MISinformation service.

"She said that if my wife wanted to leave before the end of the year she would need to stay in her home country for at least 6 months, in which case she could file with the consulate there."

HUH?

Yes HUH about that, if she left the country without AP in hand she will be stuck outside the country LONGER than 6 months, this is abandoning AOS process, and will be starting over filing for a spousal Visa preferably a CR-1 visa to avoid having to do another AOS.

[Old Dominion 26]

My fiance arrived here a couple of weeks ago. Now we have been married and are preparing the necessary adjustment of status papers to send. She needs to return home for 2-3 months at the end of December.

We were told overseas and at immigration at the POE, that travel was not a big issue, just send in a request.

Today I talked to someone at USCIS and she indicated that if we sent the 1-131 with our adjustment of status papers it would likely be a very long time before we received approval (5-9 months).

She did not recommend sending the 1-131 separately with the hope of a speedier approval.

She said that if my wife wanted to leave before the end of the year she would need to stay in her home country for at least 6 months, in which case she could file with the consulate there.

This made little sense to me.

Can anybody help us?

Thank you.

Dan is quite right. Just don't depend on getting permission for her to return home a few weeks from now.

[h2oshore 0]

Thanks for the replies.

We will go ahead and get things mailed off and hope for a quick turn around. If things drag on we will follow Dan's advice and make an interview appointment.

If anyone has any further thoughts, please put them here.

Thanks again.

Kevin

Edited October 21, 2008 by h2oshore