Grounds to adjust status

[Jess&Rob 9]

6 hours ago, HRQX said:

That's the official name of Advance Parole document. For example:

• the Permanent Resident Card is officially called Form I-551
• the Employment Authorization Document (EAD) is officially called Form I-766.

Usually, they issue EAD and Advance Parole as 1 document. It says "SERVES AS I-512 ADVANCE PAROLE"

So is this a form I’m filling out too? Or just I-130, I-131, I-486, and I-765?

[Jess&Rob 9]

40 minutes ago, Luckycuds said:

To the OP: if you choose to go the AOS route just know you can’t leave the country until your AP (advanced parole) document. So god forbid something happens to your elderly parents you either can’t leave the country to see them OR if you chose to you have to go through the process again while in Canada and will almost definitely not be able to visit the US. So it’s your decision if you are fine with not seeing your parents for approx 6 months.

Yes I was planning on staying here straight through until December anyways which is 6 months. 

[Quarknase 1,072]

1 hour ago, Jess&Rob said:

So is this a form I’m filling out too? Or just I-130, I-131, I-486, and I-765?

I-512 is what you get for filing I-131. Please do read all guides as others suggested, to get the process down, and come back with more specific questions that the guides don't answer

 

1 hour ago, Jess&Rob said:

Yes I was planning on staying here straight through until December anyways which is 6 months. 

In the current situation, EAD and AP have been taking 6-10 months for approval, so you might not be able to travel in December as planned.

If you leave the US after filing, before you have Advance Parole in hand, your application will be considered abandoned and you will have to file from Canada for a spouse visa before you can move to the US.

 

 

[Jess&Rob 9]

45 minutes ago, Quarknase said:

I-512 is what you get for filing I-131. Please do read all guides as others suggested, to get the process down, and come back with more specific questions that the guides don't answer

 

In the current situation, EAD and AP have been taking 6-10 months for approval, so you might not be able to travel in December as planned.

If you leave the US after filing, before you have Advance Parole in hand, your application will be considered abandoned and you will have to file from Canada for a spouse visa before you can move to the US.

 

 

Ok I think we will just file I-130 online and request for expidited processing due to petitioners illness 

[jamrep 105]

4 minutes ago, Jess&Rob said:

Ok I think we will just file I-130 online and request for expidited processing due to petitioners illness 

Why not file everything together even if you wanna expedite. 

[Quarknase 1,072]

6 minutes ago, Jess&Rob said:

Ok I think we will just file I-130 online and request for expidited processing due to petitioners illness 

If you file only the I-130 (and I-130A), you won't get advance parole. Only the filing of I-485 will grant you authorized stay, and the filing of such makes you eligible to file I-765 and I-131.

If you are set on filing the I-130 online, you'll have to print out the receipt notice as soon as it's available in your online account, and follow through with paper filing of all other forms and supporting documentation via mail. With the receipt notice of I-485 you will be granted authorized stay, and once you have all receipt numbers for all forms, you can ask for an expedite for all of them.

Good luck!

[Jess&Rob 9]

13 minutes ago, Quarknase said:

If you file only the I-130 (and I-130A), you won't get advance parole. Only the filing of I-485 will grant you authorized stay, and the filing of such makes you eligible to file I-765 and I-131.

If you are set on filing the I-130 online, you'll have to print out the receipt notice as soon as it's available in your online account, and follow through with paper filing of all other forms and supporting documentation via mail. With the receipt notice of I-485 you will be granted authorized stay, and once you have all receipt numbers for all forms, you can ask for an expedite for all of them.

Good luck!

Thank you!! I think that’s what We will do! We already have everything done online and are ready to file.  I’ll wait for the receipt number and then file the other forms. 

[Jess&Rob 9]

18 minutes ago, jamrep said:

Why not file everything together even if you wanna expedite. 

Because We have everything ready online ready to be sent off 

[Lucky2Lucky 2,526]

1 hour ago, Jess&Rob said:

Ok I think we will just file I-130 online and request for expidited processing due to petitioners illness 

I just want to point out don’t count on getting the application expedited as not everyone is approved. 
If you are planning on staying in the US and not going back to Canada you need to file for adjustment of status I-485 and Highly recommended to apply for advanced parole and your EAD (work authorization).

[Crazy Cat 41,884]

2 hours ago, Jess&Rob said:

Ok I think we will just file I-130 online and request for expidited processing due to petitioners illness 

Not needed, imo.....but you can.........It is better to file everything at the same time, imo.  Once the I-485 is submitted, you will be granted authorized stay while it is pending.  There is no reason to request expediting of the I-485.....it doesn't make any sense to do so, imho.....However, you can request an expedite of the I-765 with a job offer.

 

Expediting petitions is normally to get a spouse into the US sooner for support of the petitioner.  In your case, you are already inside the US.

 

EDIT:  I am not trying to be critical.  I am trying to understand the rationale.

Edited July 30, 2020 by Lucky Cat

[SusnOwen 159]

3 minutes ago, Lucky Cat said:

Not a good idea.........You should heed the advice already given.  It is better to file everything at the same time.  Once the I-485 is submitted, you will be granted authorized stay while it is pending.  There is no reason to request expediting of the I-485.....it doesn't make any sense to do so.....However, you can request an expedite of the I-765 with a job offer.

 

Expediting petitions is to get a spouse into the US sooner for support of the petitioner.  In your case, you are already inside the US.

Lucky Cat = Many have filed the I-130 online, then when they had the NOA filed the I-485.  There is no reason they can't file online - Yes, if she plans to stay in the US they need to file both - But she can do the I-130 online.

[Crazy Cat 41,884]

15 minutes ago, SusnOwen said:

Lucky Cat = Many have filed the I-130 online, then when they had the NOA filed the I-485.  There is no reason they can't file online - Yes, if she plans to stay in the US they need to file both - But she can do the I-130 online.

Of course, they can......I don't really see an benefit...The I-485 has to be mailed, anyway.  Why not just mail both together? And I see no need to attempt to expedite the I-130 or I-485.......I'm just trying to understand why.

Edited July 30, 2020 by Lucky Cat

[Crazy Cat 41,884]

2 hours ago, Jess&Rob said:

and request for expidited processing due to petitioners illness 

What, exactly, are you trying to expedite?  How would an expedite benefit you?   I'm not being critical.  I am genuinely curious as to the reasoning behind expediting.

Edited July 30, 2020 by Lucky Cat

[geowrian 22,337]

I concur about just filing both by mail. I mean it's up to each individual what they want to do, but it won't speed anything up or simplify anything by doing 2 different submission processes.

If filed separately, they would need to match up the paper I-485 to the I-130.

When concurrently filed, they process both forms together at the local USCIS field office. So if anything, it'll add days to the total timeline.

 

I concur about the expedite as well.

How is expediting AOS necessary? If he was given months to live or something, I could see a basis there to ensure a joint interview. Fortunately, nothing of that level of severity has been noted.

No harm is requesting one, but I just don't see the basis for approval of the I-485 here, sorry.

[SusnOwen 159]

45 minutes ago, Lucky Cat said:

Of course, they can......I don't really see an benefit...The I-485 has to be mailed, anyway.  Why not just mail both together? And I see no need to attempt to expedite the I-130 or I-485.......I'm just trying to understand why.

Maybe because they have everything scanned and ready to go online, but would have to print, organize and make copies?  I know the other has to be mailed anyway - But it's a preference of how to file - you can file it both ways.  I agree on the expedite, I think too many people throw that around and it's not always a valid reason to expedite.