expedited processing for Advance parole

[Dragongirl1127 0]

Good afternoon , everyone, I am Chinese ,my husband is American citizen, we got married for 7 years by now, because my business is in China, I have been traveling with B1/B2 visa, this year I have decided to bring my work to United States, I hired an attorney to file the documents for green card, I got all evidence and document by myself and provided all document the lawyer asked for, my lawyer filed I-131 at middle of July, my lawyer said it take 3 month to get the advance parole, because I really need to travel for business meetings, but in August I received notice from USCIS and asks for financial  support documents, my lawyer has sent them all our financial documents, my lawyer said it is unfair they sent me a notice like that without even review the financial document we sent to them, so my lawyer suggested that we should fight back this type situation, so we filed another expedited request for my travel document-Advance parole, I was told I should be able to get the AP before 20th Oct, but until now I still havent received anything from USCIS. I really have to  travel to China by 25th Oct, I have pushed my flight several times by now, can anyone have similar experience, please give me some advice, I really appreciate it. Thank you all. 

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[Crazy Cat 42,683]

Sounds like you evaded the CR-1 process, and now you think you are being treated unfairly........??? Really??

[Dragongirl1127 0]

1 hour ago, missileman said:

Sounds like you evaded the CR-1 process, and now you think you are being treated unfairly........??? Really??

Yes, my lawyer thinks I am being treated unfairly, we have got married for 7 years,

1 hour ago, Ryan H said:

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

Can you explain more? 

 

[Dragongirl1127 0]

My lawyer filed expedited request for my advance parole, I still havent receive it, I have to leave US  in 4 days, I want to know after I leave US without receiving my AP, my current b1/b2 visa will be cancelled at border, can I apply B1/B2 visa again or I have to apply for K3 visa? My husband is American citizen. 

[aleful 1,905]

hi

 

k3 is obsolete, they won't give you a tourist visa since you already have immigration intent

 

so if you leave without the AP, you will have forfeited your adjustment of status and you will have to start over and stay in your country until you have your interview. the i130 is still valid. you would need to send the i824 to send the approved i130 to the nvc and continue the process in your country. you wouldn't be able to return

 

so think about it.

[Dragongirl1127 0]

1 minute ago, aleful said:

hi

 

k3 is obsolete, they won't give you a tourist visa since you already have immigration intent

 

so if you leave without the AP, you will have forfeited your adjustment of status and you will have to start over and stay in your country until you have your interview. the i130 is still valid. you would need to send the i824 to send the approved i130 to the nvc and continue the process in your country. you wouldn't be able to return

 

so think about it.

thank you so much, can my husband mail me the AP after he receives it after I left , can I still use it to come back US ?

[aleful 1,905]

nope

 

you have to leave with the AP in hand, if you leave now, so long adjustment of status

 

 

[Dragongirl1127 0]

1 minute ago, aleful said:

nope

 

you have to leave with the AP in hand, if you leave now, so long adjustment of status

 

 

Thank you , my lawyer is about to file for I-130 and G-28, start the process for getting me K3 Visa,  if I leave without AP , i will stay in China until my interview comes, do you know how much time it will take to get interview? My business partner just set up company in US, I need to come back to US as soon as possible, we are hiring local people and bring jobs here, but I really  feel  a kind of disappointed about this process, we got married for 7 years, we are real marriage, we are not cheating on the system, instead we are follow up the instructions every step the way, do you know how much time will it take to get result from expedited request of my advance parole, my lawyer filed it beginning of Sep. Thanks again. 

[aleful 1,905]

what was the reason for expediting? did you make an infopass appointment at your local office to get it expedited? as said k3 is obsolete, they will close the form administratively

 

 

 

 

how were you adjusting status in the US? did you enter on a k1 and married

 

if so then you will need to send the i130 and start from scratch. the process will take a year or more if you leave without the AP

 

 

[Dragongirl1127 0]

1 minute ago, aleful said:

what was the reason for expediting? did you make an infopass appointment at your local office to get it expedited? as said k3 is obsolete, they will close the form administratively

 

 

 

 

how were you adjusting status in the US? did you enter on a k1 and married

 

if so then you will need to send the i130 and start from scratch. the process will take a year or more if you leave without the AP

 

 

I have a board meeting to attend in 5 days in England, my lawyer only sent the request, no infopass appointment at local office, they did reach out the local office and make sure the request has been sent out to USCIS center, I have been traveling back forth with B1/B2 Visa, because I have a business to run in China, I couldn't start the immigration process until this year we decided to bring business to US and my husband as American citizen thinks it is time to start the process, lawyer filed the immigration documents in middle of July, she was positive to get my AP in early Oct, but in august we received a notice from USCIS and asked about our financial documents which we have sent to them in july, my layer really thinks they I got treated unfairly, so she filed expedited request for my AP, here I am still waiting, and I need to fly out in 5 days, i have pushed my flight so many times, 

[Jorge V 195]

20 minutes ago, Dragongirl1127 said:

Thank you , my lawyer is about to file for I-130 and G-28, start the process for getting me K3 Visa,  if I leave without AP , i will stay in China until my interview comes, do you know how much time it will take to get interview? My business partner just set up company in US, I need to come back to US as soon as possible, we are hiring local people and bring jobs here, but I really  feel  a kind of disappointed about this process, we got married for 7 years, we are real marriage, we are not cheating on the system, instead we are follow up the instructions every step the way, do you know how much time will it take to get result from expedited request of my advance parole, my lawyer filed it beginning of Sep. Thanks again. 

I can't answer your questions regarding expediting either the AOS or I-130 once you're in China. I can tell you that requests to expedite I-130s seem to be very, very rare and mostly seem to be granted in life or death situations.

 

As far as a timeline, as others have mentioned the K-3 visa is no longer used and will most likely be converted into an IR-1. The current time between submission and obtaining an IR-1 visa is about 12-14 months. I strongly recommend not leaving the US without your AP. You will not be able to return to the US at all during these 12-14 months as your AP will be considered abandoned and you will not be approved for a B1/B2 visa. B1/B2 visas are granted on the condition that the recipient does not have immigration intent, but you've already demonstrated that you do have immigration intent by filing for AOS and I-130.

[Dragongirl1127 0]

3 minutes ago, Jorge Valdivia said:

I can't answer your questions regarding expediting either the AOS or I-130 once you're in China. I can tell you that requests to expedite I-130s seem to be very, very rare and mostly seem to be granted in life or death situations.

 

As far as a timeline, as others have mentioned the K-3 visa is no longer used and will most likely be converted into an IR-1. The current time between submission and obtaining an IR-1 visa is about 12-14 months. I strongly recommend not leaving the US without your AP. You will not be able to return to the US at all during these 12-14 months as your AP will be considered abandoned and you will not be approved for a B1/B2 visa. B1/B2 visas are granted on the condition that the recipient does not have immigration intent, but you've already demonstrated that you do have immigration intent by filing for AOS and I-130.

Thank you so much for your explanation. What if my AP never arrives? I am losing my job if I don't attend this meeting outside united states. by 25th I have to leave, I have waited for 4 months. 

[Unlockable 7,316]

Sounds like the K1 wasn't the right visa for you to get. Best to file for the spousal visa. A future tourist visa to the US may be uncertain as well. 

 

Tough situation mixed with poor planning.

[Dragongirl1127 0]

14 minutes ago, Dragongirl1127 said:

Thank you so much for your explanation. What if my AP never arrives? I am losing my job if I don't attend this meeting outside united states. by 25th I have to leave, I have waited for 4 months. 

Looks like this system is going to separate  me and my husband after our 7 years anniversary, if I come back US  with my husband at the border ( passport control at airport in US), will the immigration office at airport review all my documents and allow me enter ?