Advance Parole While Working On Adjustment of Status

[walran 24]

I am wondering if we could submit the advance parole prior to the adjustment of status?

Have been married 3 months but are waiting on tax information ( mine are very complicates with multiple entities) for submitting the adjustment of status paperwork.

Have thought that maybe getting the advance parole would not prejudice the other paperwork?

Should have it all submitted this month hopefully!

Randall

[Merrytooth 5,748]

You can only apply for I-131 Advance parole on the basis of Adjustment of Status.

Plus I-131 is free when you apply together with AOS.

[walran 24]

That is good to know as it is a little expensive otherwise! I will get on my CPA's to get that done this week!

Thanks!

[Ash.1101 1,756]

Not 100% on this but, I don't believe that you can apply for AP without AOS because you have to have valid immigration status, which the AOS application will essentially give you since it'll put you in a limbo of sorts but make you eligible for things like EAD and AP.. I'm going to assume the I-94 is well expired since you've been married for 3 months off a K-1 visa.

You'd also have to pay a filing fee of 360$, and a biometics fee of 85$.





If you're trying to get AP sent in early because you know you want to travel or have an emergency, you can either push back non-emergency travel plans, or apply for emergency AP if there is an emergency that qualifies.

Edited August 15, 2016 by Ash.1101

[templeton 120]

Not 100% on this but, I don't believe that you can apply for AP without AOS because you have to have valid immigration status.

Technically speaking, someone who came on a K-1 can apply for EAD before AOS, but its expiry would be based on their I-94. Since that is only valid for 90 days, and the EAD process can take up to that long, they may get a few weeks of authorization out of it at most. Then they need to re-apply all over again with AOS just like everyone else.

Definitely have read posts where people, thinking they were getting a head start on the process, found out the hard way that they just threw a few hundred dollars down the drain.

[Ash.1101 1,756]

Technically speaking, someone who came on a K-1 can apply for EAD before AOS, but its expiry would be based on their I-94. Since that is only valid for 90 days, and the EAD process can take up to that long, they may get a few weeks of authorization out of it at most. Then they need to re-apply all over again with AOS just like everyone else.

Definitely have read posts where people, thinking they were getting a head start on the process, found out the hard way that they just threw a few hundred dollars down the drain.

This is correct, you can absolutely apply for EAD while on a K-1 visa, and you're right about the chances of you getting it before your I-94 expire date. In this case, we're talking about AP only and applying for it PRIOR to AOS, with an already expired I-94, which again, I don't think is possible. You're out of status between the dates of your I-94 expiring and your NOA1/I-797 for the I-485.

[KayDeeCee 4,893]

Post #2 was correct.

You cannot apply for AP before AOS. You can file with your I-485(highly recommended), or after.

[templeton 120]

Yep, you're right. I didn't read closely enough. Someone out of status wouldn't be eligible for EAD.