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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi,

 

I am about to file/send my  packet of all the documents related to my adjustment of status (I entered on a K1 visa, and am now beyond the K1 entry validity date), and I had some questions in regards to filing out the I-131 form.

I have a relative that is gravely ill and may pass away within the next couple weeks, perhaps before the ~3 months it will take before I receive my permanent resident card...

 

Is it better to just skip filing the I-131 form and hope nothing happens within the next 2-3 months, or is there a way to fill out the form with a tentative date?

 

Thanks!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

The permanent resident card usually does not take 3 months... It takes from 6 months to 1 year or even more sometimes. Mine took like 14 months. The Advance Parole and Employment Authorization Document is what takes usually 3 months from the moment of filing. Prior biometrics appointment, etc.

Of course if you think you need to make a trip as emergency, I suggest you try to apply for a expedited AP showing the proper documents such as letter from doctors stating that your relative illness may pass away, etc. I suggest you start moving ASAP and file AOS. Also when you do that, make an infopass appointment ASAP to see if they can give you and expedited AP if that is even possible which I never had to do that. 

Remember that you should NOT leave the U.S without the AP in hand. If so, you won't be admitted back and you will have to start the process again. I'm very sorry you have to go through this and having a relative with a serious illness. Immigration is already hard enough without having to choose if we are close to our relatives in difficult moments like theses. All the best for you.

Edited by Sunnyland
Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)
27 minutes ago, Sunnyland said:

The permanent resident card usually does not take 3 months... It takes from 6 months to 1 year or even more sometimes. Mine took like 14 months.

I was just basing myself on the times mentioned on http://www.visajourney.com/timeline/aosstats.php. The USCIS offices in my area are ~100-130 days from filing to decision (assuming no interview, like my prior relatives... in the case of an interview, then it would skyrocket to over 6-12 months).

 

I do intend to file my AOS as soon as possible, tomorrow hopefully as I am preparing the package today.

 

I think I might just file my initial AOS package without the I-131, and if anything happens, then apply for AP.

Edited by A-and-B
Filed: AOS (apr) Country: Cyprus
Timeline
Posted
35 minutes ago, A-and-B said:

I was just basing myself on the times mentioned on http://www.visajourney.com/timeline/aosstats.php. The USCIS offices in my area are ~100-130 days from filing to decision (assuming no interview, like my prior relatives... in the case of an interview, then it would skyrocket to over 6-12 months).

 

I do intend to file my AOS as soon as possible, tomorrow hopefully as I am preparing the package today.

 

I think I might just file my initial AOS package without the I-131, and if anything happens, then apply for AP.

Why file without ??? It is free to file the I-131 with the AOS packet. Not including it makes no sense.

As a K1 entry you do not have to give a reason and date in the form, see the example form in the guides.
You either leave it blank where it is asked for travel date / reason or you write unknown. Travel date was filled in the

example form but it is totally acceptable to leave it blank.
If your relative takes a turn for the worst then make an infopass and ask for emergency travel if by then you haven't

received your EAD/AP card.
If you leave the country without the travel permit you won't be allowed back in and have repeat the visa process.

 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

 
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