I-131 Expedition O1 VISA applying for GC status change

[MarkRyder 0]

Hello,

I'm on an O-1 visa and recently married. I'm about to begin the process of changing my status to being a permanent resident.

However, I am due to shoot a movie in Tunisia mid November. I plan to apply for a I-131 to allow me to leave the States and return. From what I gather on here, processing time for this I-131 is 2-3 months i.e. I would not have the document in time for shooting the film and so if I go, my application would be cancelled.

What are the chances of this form being expedited to enable me to go and any ideas on how to make that happen?

Any help would be greatly appreciated

Thank you

[Coco8 1,042]

So do not apply and stay on O-1 until after you get back.

 

You are not going to get the 131 expedited. It only gets expedited in emergencies and even then it takes a couple of months. It is a gamble.

 

And the i-131 takes more like 4 months, not 2-3 months. It used to take that a while ago, but this year everything is taking longer.

Edited October 1, 2017 by Coco8

[geowrian 22,337]

The processing time for an I-131 is closer to 4 months now.

 

I'm skeptical they would expedite for this, but the only way to know is to try. You need to file for AOS + AP (+ EAD suggested). Once you have your receipt number, you can contact USCIS and request the expedite. Then they will send you instructions on where and how to send your evidence supporting the need for an expedite.

 

Why not just wait to apply for AOS until you return? O-1 supports dual intent, so you're allowed to return with intent to AOS.

Edited October 1, 2017 by geowrian

[Coco8 1,042]

Just now, geowrian said:

The processing time for an I-131 is closer to 4 months now.

 

I'm skeptical they would expedite for this, but the only way to know is to try. You need to file for AOS + AP (+ EAD suggested). Once you have your receipt number, you can contact USCIS and request the expedite. Then they will send you instructions on where and how to send your evidence supporting the need for an expedite.

 

Why not just wait to apply for AOS until you return? O-1 supports dual intent, so you're allowed to return with intent to AOS.

The problem is that if he/she files i-131, the O1 expires once she/he leaves. Or at least that is what I had read somewhere on VJ a few weeks ago. So it is better to wait to AOS and use the O1 for leaving/coming back.

 

 

[geowrian 22,337]

3 minutes ago, Coco8 said:

The problem is that if he/she files i-131, the O1 expires once she/he leaves. Or at least that is what I had read somewhere on VJ a few weeks ago. So it is better to wait to AOS and use the O1 for leaving/coming back.

I agree waiting is probably for the best.

 

Leaving after filing the I-131 but before it is approved would abandon AOS. It won't cancel the O-1 visa, and since it supports dual-intent, he should be able to get back in. But I wasn't implying to abandon AOS...just saying that waiting for AP is an option and he can request an expedite (although I don't personally think it has a great chance to be expedited).

[MarkRyder 0]

Thank you to all who responded to this. I took your advice and have decided to wait until I return to apply for the AOS

 

I need some further help as this is getting complicated!

 

I'm now leaving the US on Dec 17 to shoot the movie and my 3-year O-1 visa runs out on MAR 5th 2018.

The filming is taking place in Jan and Feb so I'd only be able to fly back to the US a few days before this visa expiration period. Will I be allowed back in so close to my o-1 vIsa ending?

I wish to stay in the US and be with my wife so the plan is to return late Feb and immediately apply for AOS and obtain the GC through marriage.

However, what would my position be while I wait for the GC to come through?

Am I allowed to be in the States during this limbo period?

If I booked another acting gig would i be allowed to do it? Would I be allowed to leave the country?

Would this extra complication mean the GC would take a long time to process and this limbo period last a long, long time?

 

Making me consider a second option, applying for the GC upon leaving the US on Dec 17. As I understand, the process for applying when outside the US is different to when inside. But would this take 6-8-10? months before I'd be allowed to return?

 

Answers to any of these questions would be greatly appreciated