Visa Adjustment Status: timing concerns

[Suudsu 66]

Just now, dcp19 said:

If the second wedding isn't a compelling enough reason to be granted a i131 then I guess we will have to move the date. I guess that's another thread really/chat with an attorney.

I'm not an expert on this, but it doesn't appear to be compelling enough.

1 minute ago, dcp19 said:

My main concern was overstepping my stay here. My employer won't extend my O-1 as the job is over (I'm a self employed artist). So I just want to be able to remain in the country and not get into trouble for being here. 

That's fine, once you file concurrently for adjustment of status based on a spousal relationship to a U.S. Citizen (I-130 + I-485), you're allowed to stay while it is adjudicated.

[geowrian 22,337]

19 minutes ago, dcp19 said:

If the second wedding isn't a compelling enough reason to be granted a i131 then I guess we will have to move the date.

It's not. Properly filing the I-485 + I-131 is enough reason for it to be granted. An optional celebration abroad is not a reason to expedite it, though.

19 minutes ago, dcp19 said:

 My main concern was overstepping my stay here. My employer won't extend my O-1 as the job is over (I'm a self employed artist). So I just want to be able to remain in the country and not get into trouble for being here. 

Yup, no issue. Once you file the I-485, you are granted authorized stay while the case is pending.

[OldBritAbroad 15]

Not to add to your worries, but I applied for an EAD  - Priority Date 5 June 2017; I didn’t receive it until 1 November, so 5 months wait time. AP wasn’t an issue in my case which was AoS from the VWP. Don’t know if that makes any difference. 

 

Best of luck!

Edited December 20, 2017 by OldBritAbroad
Typo!

[Londonergirl 133]

I applied for EAD in August and I still havent got it.

[LionessDeon 2,060]

10 hours ago, dcp19 said:

I'm filing everything THIS WEEK not waiting till Feb. Just putting the finishing touches to the pack.

 

If the second wedding isn't a compelling enough reason to be granted a i131 then I guess we will have to move the date. I guess that's another thread really/chat with an attorney.

 

 My main concern was overstepping my stay here. My employer won't extend my O-1 as the job is over (I'm a self employed artist). So I just want to be able to remain in the country and not get into trouble for being here. 

You can ask for an expedite on the I-131 but honestly a second wedding is not a compelling reason and there isn't anything an attorney can do for that.  Don't waste your money.

[AshMarty 360]

15 hours ago, dcp19 said:

Next Question then:

 

We have a blessing in the UK booked for MAY 2018. I'm guessing I should file the I-131 for travel, so I can leave the country?

You will be cutting it close with AP/EAD. The wait is an average of 100 days right now. My husband just received his last month. Many people are waiting a lot longer than 100 days though. We waited 96 days but we were one of the first people in our monthly forum to get our EAD/AP approved (which is not a great sign).

 

I know one person went in person a month before their trip to there local office to try and expedite there AP papers by making an appointment. I am not sure how successful that process was.

Edited December 20, 2017 by AshMarty

[Diane and Chris 651]

Even filing now is cutting it close. Took 144 days for EAD for us. 

[dcp19 7]

13 hours ago, AshMarty said:

You will be cutting it close with AP/EAD. The wait is an average of 100 days right now. My husband just received his last month. Many people are waiting a lot longer than 100 days though. We waited 96 days but we were one of the first people in our monthly forum to get our EAD/AP approved (which is not a great sign).

 

I know one person went in person a month before their trip to there local office to try and expedite there AP papers by making an appointment. I am not sure how successful that process was.

Thanks! Everyone's story is different it seems from this forum. My friend in Los Angeles (same as me) got her AP&EAD within 3 months, so it's anyones guess. Our May second wedding is over 130 days away so it SHOULD be ok I'm hoping... My other question is...do they care what you are travelling for? Or does have to be extenuating circumstances only? 

[AshMarty 360]

7 hours ago, dcp19 said:

Thanks! Everyone's story is different it seems from this forum. My friend in Los Angeles (same as me) got her AP&EAD within 3 months, so it's anyones guess. Our May second wedding is over 130 days away so it SHOULD be ok I'm hoping... My other question is...do they care what you are travelling for? Or does have to be extenuating circumstances only? 

EAD/AP is approved on the National level not at the local level. So it doesn't matter what city you are applying from. The Green Card in processed at your local office (my local office is processing GCs around 10-12 months right now, LA is likely different).

 

There are really two factors when they are processing your AP/EAD packets:

1. The luck of when someone picks up your packet to finally process it

2. That processing goes smoothly and you don't get any RFIE or RFE notices

 

Travel:

1. Once you receive you EAD/AP combo card you are free to travel for whatever reason you want.

2. If you would like to expedite your AP travel papers, I believe it has to be for a pretty serious reason such as a sick family member type situation.

 

Just an observation:

I put in three service requests online for my husbands EAD approval. After the third one within 24-48 hours his file was updated to card being produced. I actually received a letter in the mail the week before about a previous service request inquiry. I feel like I have see this be pretty typical for a lot of people in my forum (either the 3rd service request or having a congressmen inquire on their behalf seems to coincide with an update on the case.) This could be just luck but I figured it didn't hurt to make some noise about our case.

 

 

Edited December 21, 2017 by AshMarty

[dcp19 7]

5 hours ago, AshMarty said:

EAD/AP is approved on the National level not at the local level. So it doesn't matter what city you are applying from. The Green Card in processed at your local office (my local office is processing GCs around 10-12 months right now, LA is likely different).

 

There are really two factors when they are processing your AP/EAD packets:

1. The luck of when someone picks up your packet to finally process it

2. That processing goes smoothly and you don't get any RFIE or RFE notices

 

Travel:

1. Once you receive you EAD/AP combo card you are free to travel for whatever reason you want.

2. If you would like to expedite your AP travel papers, I believe it has to be for a pretty serious reason such as a sick family member type situation.

 

Just an observation:

I put in three service requests online for my husbands EAD approval. After the third one within 24-48 hours his file was updated to card being produced. I actually received a letter in the mail the week before about a previous service request inquiry. I feel like I have see this be pretty typical for a lot of people in my forum (either the 3rd service request or having a congressmen inquire on their behalf seems to coincide with an update on the case.) This could be just luck but I figured it didn't hurt to make some noise about our case.

 

 

Thank you! That's a great clear / concise feedback and clears up a lot in my mind. Our big worry now is do we postpone our second wedding or risk it??

Speaking to various people today to try and form an opinion but looks increasingly like a gamble. 

[AshMarty 360]

1 hour ago, dcp19 said:

Thank you! That's a great clear / concise feedback and clears up a lot in my mind. Our big worry now is do we postpone our second wedding or risk it??

Speaking to various people today to try and form an opinion but looks increasingly like a gamble. 

 

It really would be a 50/50 gamble at this point.

 

If it were me in your position and because of current processing times, I would try and postpone it (if it were possible at this point). I know how stressed out I would be about something that is completely out of my control. I really enjoyed my wedding day with my husband, family, and friends so much and I would hate to be stressed out going into it (even if it were my second wedding).

 

But it is a 50/50 gamble so what really matters is how you and your spouse feel about the situation.

Edited December 21, 2017 by AshMarty

[dcp19 7]

4 hours ago, AshMarty said:

 

It really would be a 50/50 gamble at this point.

 

If it were me in your position and because of current processing times, I would try and postpone it (if it were possible at this point). I know how stressed out I would be about something that is completely out of my control. I really enjoyed my wedding day with my husband, family, and friends so much and I would hate to be stressed out going into it (even if it were my second wedding).

 

But it is a 50/50 gamble so what really matters is how you and your spouse feel about the situation.

After various consultations with attorneys and this wonderful website, we're going to postpone. Spent the whole day emailing everyone before people book flights etc. Going to try and move to a couple of months down the line just to stay safe or until we have a rough guess from the USCIS (if that's at all possible).  It's been emotional today.

 

[AshMarty 360]

On ‎12‎/‎21‎/‎2017 at 8:30 PM, dcp19 said:

After various consultations with attorneys and this wonderful website, we're going to postpone. Spent the whole day emailing everyone before people book flights etc. Going to try and move to a couple of months down the line just to stay safe or until we have a rough guess from the USCIS (if that's at all possible).  It's been emotional today.

 

Good Luck with Everything!