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hiteshc

I-131 or AP?

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Filed: K-1 Visa Country: United Kingdom
Timeline

I have filed the I-129 F papers and were received to USCIS on Jan 30th, 2012. I am hoping that we are granted our K1 ASAP but the latest would be June 2012 with the 5 month window. Our main concern is once we marry in June (at the latest) and file for I 765, 485 and 131 that she has to stay in California until her 131 travel document is approved. The immigration's officer indicated 3-6 months which falls way past our Indian ceremony to be held in UK in Sept which means we cannot travel to UK with out abandoning our case. Our wedding invitations are already printed and the deposit for the wedding hall is already booked. I was told by the immigration's officer that I should write a letter to expedite the I-131 telling them our situation of our hindu ceremony and we may be granted the 131 sooner than 3-6 months. But now reading on this forum I have came across AP (advance parole) which I am a bit confused about. Does anyone know what I can do so we dont miss our hindu ceremony in London?? Please please help!

Also is the Indian wedding ceremony a good enough "emergency" reason to receive an AP?

Edited by hiteshc
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Filed: Citizen (apr) Country: Canada
Timeline

Emergency AP is given to people who have seriously ill family with proof and death in the family with proof.

AP is the I-131 application. You can attempt to expedite your AP documents but its not likely they will rush it for you for a wedding ceremony.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Wow, your whole timeline is waaaay off. First problem. You filed the K-1 in January (barely - Jan 30). You WILL NOT have your K-1 visa by June. No way, no how. You might have your I-129F approval by then, but then you will have to wait for an interview. I-129F approval is just the first step in obtaining a K-1 visa.

So, you will not be married in the US in June. Maybe you can be married by September. Then you will have to get AP (For how you are referring to it, I-131 and AP are the same thing). AP takes around 3 months. Your poor planning will not be cause to expedite AP. People try this all of the time and fail. Change the date of your ceremony, or skip the K-1 and marry in UK and file for a spousal visa.

Your desired timeline is impossible.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I don't believe there is anything you can do but wait. The 5 month window is an estimate, it could take less time, it could take longer. Sometimes petitioners will be asked to supply further information, an RFE, which causes a delay. No one can say exactly when you would get approval for your petition. It is only approval of the petition understand, and not the K1 visa.

Then your case goes to NVC, it could take a few days or weeks to arrive with them. Once they process it they send it on to the UK. There is a medical to complete, and an interview to schedule. Sometimes cases are subjected to extra scrutiny, which can add more time.

It is not likely that you will be able to marry in the USA in June, that simply is not realistic. They won't expedite either, USCIS is quite usually unmoved by plans made/paid for. They are under no obligation to meet your time frame.

You should look at moving your UK ceremony until later in the year, and I would do that by at least 6 months.

I can explain it to you. But I can't understand it for you.

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