Fiance About to Receive K-1 Visa(merged)

[ManOnMoon 2]

6 minutes ago, USS_Voyager said:

 

AOS form I-485 = Adjustment of Status = change from K-1 to Lawful Permanent Resident (LPR) = Green card holder. Generally, when AOS is filed, the person is not allowed to leave the US, unless they have advanced permission (See AP below). Could take more than 1 year to approve.

AP form I-131 = Advanced Parole= Travel document, allows her to return to the US and NOT abandoning the AOS. Can be applied together with AOS for free. Take 4-6 months to approved.

EAD form I-765= Employment Authorization Documents, allows her to work in the US while waiting for the green card. Can be applied together with AOS for free. Take 4-6 months to approved.

When AP and EAD are applied together, she will get a combo card for both. 

Is there anyway to expedite AP/EAD, 4-6months of not doing anything seems like a very long time. 

[ManOnMoon 2]

6 minutes ago, payxibka said:

14 mos ago?

Yes, we got the visa approval earlier but took some time to do medical exam, and other stuff. 

[payxibka 10,045]

Just now, ManOnMoon said:

Is there anyway to expedite AP/EAD, 4-6months of not doing anything seems like a very long time. 

If there was we would all be doing it 

[ManOnMoon 2]

2 minutes ago, USS_Voyager said:

You can make a request for expedite but have to have very compelling reasons along the lines of emergency or extreme financial hardships. And it has to be a real emergency like death of a close relative or something like that, not because " I just need to work".  

Does elderly mother count? Her mom is old and she needs to take care of her this year while her sister is in school. 

[stacyt 209]

Sorry to tell you, but she will not be able to leave, her applications will be considered abandoned and dismissed. In your scenario, you should cancel K-1, get married in HK and apply for CR-1 (spousal visa). It will take over a year to get it, but she will be able to keep working in HK, keep the apartment and start working right after she arrives to the US

[John & Rose 7,239]

3 minutes ago, ManOnMoon said:

Yes, we got the visa approval earlier but took some time to do medical exam, and other stuff. 

Medical is usually before the interview.  The visa validity is based on the date of medical.  I guess I'm a little confused but like others have stated, the only path is to get married there and file the I-130.

 

Was the VISA approved or was the PETITION approved?  USCIS or NVC?

 

Edited February 25, 2019 by John & Rose

[Russ&Caro 1,549]

Tough decision considering she's on the doorstep of arriving in the US with the k1 and she could get EAD/AP in 6 months if you marry immediately. As others have stated, the alternative is to wait 12 to 14 months for a CR1.

[usmsbow 801]

6 minutes ago, stacyt said:

Sorry to tell you, but she will not be able to leave, her applications will be considered abandoned and dismissed. In your scenario, you should cancel K-1, get married in HK and apply for CR-1 (spousal visa). It will take over a year to get it, but she will be able to keep working in HK, keep the apartment and start working right after she arrives to the US

 

Agreed, except at this point she could just come to the US to get married (since it sounds like they might have already bought the plane ticket). 

[Russ&Caro 1,549]

11 minutes ago, payxibka said:

They can wait out the full length of the Visa validity to minimize the empty lease in HK before she arrives but doesn't help the stateside timelines 

Right. There's no avoiding the cost of her not working for 6 months in the US while waiting for EAD.

[ManOnMoon 2]

1 minute ago, usmsbow said:

 

Agreed, except at this point she could just come to the US to get married (since it sounds like they might have already bought the plane ticket). 

but for 5-6months what is someone suppose to do for that long if they cant work?

[jakejon 1,197]

17 minutes ago, ManOnMoon said:

Is there anyway to expedite AP/EAD, 4-6months of not doing anything seems like a very long time. 

You just gotta wait it out like the rest of us. Big factor of K1 is beneficiary is more than likely going to get so bored; it's got me so low at times in terms of self worth but the support of my husband has helped. I'm 'Day 94' waiting for EAD/AP and I'm not expecting anything until around at least Day 160+. We chose this route and that's the consequences. Every beneficiary of K1 will more than likely describe their frustrations, their inability to do many things etc. You just learn to get over it, grit your teeth and get on with the wait...Good luck and congrats on K1! 

Edited February 25, 2019 by jakejon

[ManOnMoon 2]

4 minutes ago, Russ&Caro said:

Tough decision considering she's on the doorstep of arriving in the US with the k1 and she could get EAD/AP in 6 months if you marry immediately. As others have stated, the alternative is to wait 12 to 14 months for a CR1.

yes 12-14months is a very long time, but 5-6 months of doing nothing is also painful...

[mushroomspore 3,044]

15 minutes ago, ManOnMoon said:

Is there anyway to expedite AP/EAD, 4-6months of not doing anything seems like a very long time. 

Not really. She can expedite EAD if an employer in the US writes a job offer letter and says they NEED to hire her soon for the company's financial benefit. But if she expedites EAD, that doesn't guarantee that her AP will be approved at the same time. Normally it is a combo card but if they approve the EAD first due to a job offer, there's a chance they will leave the AP to be approved later since most people want to work during AoS, not travel. And it's common knowledge that AoS involves this long dead time where people are stuck doing nothing. You wait it out. My EAD/AP took 8 months. If the waiting is too difficult, then spousal visa is the way to go.

Edited February 25, 2019 by mushroomspore

[usmsbow 801]

Just now, ManOnMoon said:

but for 5-6months what is someone suppose to do for that long if they cant work?

What I mean is it doesn't matter where you get married. The K-1 at this point is pretty much useless for what you want to do, and you'll have to do the CR-1 as others have said. My only point is you could get married in the USA OR Hong Kong or anywhere else. Doesn't matter for the CR-1. 

[ManOnMoon 2]

11 minutes ago, John & Rose said:

Medical is usually before the interview.  The visa validity is based on the date of medical.  I guess I'm a little confused but like others have stated, the only path is to get married there and file the I-130.

 

Was the VISA approved or was the PETITION approved?  USCIS or NVC?

 

NVC, the interview is all done