HELP!! I-131 not approved yet!! NEED to travel!!

[timoconnor1 0]

My wife and I have tickets to Mexico for Dec. 21st and we have yet to receive approval of I-131 Advanced Parole! We just got off the phone with USCIS and they sent a second request to expidite but as usual gave little more info. We filed, forms I-485, I-765, I-131 and all accompanying docs Oct. 1st and they received it Oct. 8th. We were under the impression that they have NO MORE THAN 90 days to approve and now we hear "Please allow a further 30 days to receive the approval." Also, she can't LEAVE the country without the advanced parol or they will consider her petition (i-485) abandoned. We have to leave in 12 days!! Does anyone know how to further expidite this or who to plead with to finish the paper work? I'm sure the application is just on a pile in line with everyone else... I guess what we're asking is a bit unfair to others in front of us but it's REALLY important to my wife and I that we be there--this will not be an ordinary Christmas.

PLEASE PLEASE HELP ANYONE

P.S. forgive this post it is my first... ever.... anywhere...

and thanks

[Inky 1,111]

Do you have a death certificate or a note from a doctor that someone is DYING and its happening soon and you have to leave? If not I doubt your going to get an expedite for a trip for holidays its not an emergency. AP is really for EMERGENCYS its just good that you CAN travel on it as well for holidays etc.

[Anh map 2,098]

Make an InfoPass appointment at your local USCIS office to try and get it.

It's not the leaving that's a problem. It's getting back in where the Advance Parole is needed.

[Canadian in GA 34]

I understand and know how you feel, but it is EXTREEMLY important that either whomever is filing for the I-485 does NOT leave th country- i have read so much that people leave while it is pending, then they return and is denied. i know you said this is an important Christmas, but is it worth being turned away at the border, and being separated for a long period of time? it will take much longer if you have a border denial, and I'm sure will have to start the process over again.

I know it sucks, and you really want to go, but I'm sure everyone on here will tell you not to take that risk. just hope that you get your travel document in time, I filed my travel document in Aug, and got it in Nov, so three months, so if you did it in Oct, you MAY get it in time, but it depends person to person.

but please dont leave without it. you will be denied back in.

[Aztec&Taino 144]

My wife and I have tickets to Mexico for Dec. 21st and we have yet to receive approval of I-131 Advanced Parole! We just got off the phone with USCIS and they sent a second request to expidite but as usual gave little more info. We filed, forms I-485, I-765, I-131 and all accompanying docs Oct. 1st and they received it Oct. 8th. We were under the impression that they have NO MORE THAN 90 days to approve and now we hear "Please allow a further 30 days to receive the approval." Also, she can't LEAVE the country without the advanced parol or they will consider her petition (i-485) abandoned. We have to leave in 12 days!! Does anyone know how to further expidite this or who to plead with to finish the paper work? I'm sure the application is just on a pile in line with everyone else... I guess what we're asking is a bit unfair to others in front of us but it's REALLY important to my wife and I that we be there--this will not be an ordinary Christmas.

PLEASE PLEASE HELP ANYONE

P.S. forgive this post it is my first... ever.... anywhere...

and thanks

Well, you have two choices:

1) Leave and have an "out of the ordinary Christmas" with your wife and her family in Mexico. However, be prepared to leave your wife in Mexico and come back to the US and file a CR 1 since she WILL NOT be able to come back to the US, and, as they have already explained to you, her petition will be considered abandoned.

2) Stay, and have an "out of the ordinary Christmas" in the company of your wife as you wait for her legal documents to be approved.

Really, with these processes you should expect the unexpected and not plan ahead for anything! It was too naive of you to believe that by sending her papers in early October she would have her AP ready by the middle of December.

Best wishes as you make your decision.

[Harpa Timsah 13,258]

You have been waiting about 60 days, not 90 days. We tried to get expedited AP for similar reasons but were unsuccessful... I bet yours will be approved soon under normal processing times so maybe you can change your ticket and just be a little off. Hopefully before Christmas. Good luck.

[Kristy S 13]

it takes around 3 months to get AP approved usually...you really shoulda researched more before you bought tickets...sucks to be you guys, cause only choices are to waste the plane ticket money or have your wife not allowed back in the country with you, then a 6-12 month wait for her to be allowed back in with a spouse visa...

[amykathleen2005 441]

It has been only 60 days and you do not appear to have a valid emergency to grant expedite. I don't see why USCIS would have any reason to file your paperwork any quicker than normal as it was your choice to buy tickets when it was very likely you would not be approved at the time.

[timoconnor1 0]

what about that NO MORE THAN 90 days part? is that government speak for at least 90 days?

[Kristy S 13]

even then, the 90 days would be like january 6th...so why would you have booked a flight for what would've been 75 days?

and if you look at other people's timelines, there are quite a few cases where it took almost 4 months to get the AP, and sometimes they even got the greencard first.

Edited December 10, 2010 by Kristy S

[Kristy S 13]

what about that NO MORE THAN 90 days part? is that government speak for at least 90 days?

the timeframe for the AP is 3 months on uscis website. the timeline for approval for a fiance visa is 5 months, and we are seeing those go past 5 months every day. it's the government, if it's done on time, it's considered early.

[payxibka 10,047]

this is not a K-1 visa process issue... moving thread

[Y&E 12]

And, even when she does receive the AP be prepared for it not to be correct. I received mine yesterday and they've spelt my surname wrong, despite it being spelt correctly on all forms and the receipt that they issued. Having something like that corrected will take additional time.

[Filipinawife0210 15]

what about that NO MORE THAN 90 days part? is that government speak for at least 90 days?

Hmmmmm....no more than 90 days from Oct 8th would be...8 Jan. Never ever plan on anything with USCIS until you have the visa/AP/all that jazz in hand. The only reason they have a timeline is for goal purposes. That way you know from the start what their goal is to finish everything up.

Hope your tix are refundable.

[carocaro 22]

We just received our I-512L Authorization for Travel at the 3 months and 2 weeks point from filing all paperwork through our attorney. BUT we were warned by our attorney that it isn't a guarantee we are allowed back in the country if we chose to use it prior to our actual USCIS interviews on Dec 14/10. When we filed we just accepted we weren't going anywhere until green card was in hand unless someone died...and even then, sadly, it would depend heavily on who passed away for us to take the risk. Reality.

My wife and I have tickets to Mexico for Dec. 21st and we have yet to receive approval of I-131 Advanced Parole! We just got off the phone with USCIS and they sent a second request to expidite but as usual gave little more info. We filed, forms I-485, I-765, I-131 and all accompanying docs Oct. 1st and they received it Oct. 8th. We were under the impression that they have NO MORE THAN 90 days to approve and now we hear "Please allow a further 30 days to receive the approval." Also, she can't LEAVE the country without the advanced parol or they will consider her petition (i-485) abandoned. We have to leave in 12 days!! Does anyone know how to further expidite this or who to plead with to finish the paper work? I'm sure the application is just on a pile in line with everyone else... I guess what we're asking is a bit unfair to others in front of us but it's REALLY important to my wife and I that we be there--this will not be an ordinary Christmas.

PLEASE PLEASE HELP ANYONE

P.S. forgive this post it is my first... ever.... anywhere...

and thanks