Advance Parole & GC Processing times

[KennethH 0]

Hello,

I am applying for a marriage-based green card and am a bit confused about the processing times.

 

For "Advance Parole" it says approx 5 to 8 months right now, and for "Petition for the alien Relative" it much longer (who knows, maybe a year now).  Do they actually process and issue the work / travel papers before they've even received the petition for alien relative? I would have thought they don't even look at any of the other forms until the petition for the alien relative has been process (and the sponsor "cleared").

 

kenneth

[payxibka 10,047]

1 minute ago, KennethH said:

Hello,

I am applying for a marriage-based green card and am a bit confused about the processing times.

 

For "Advance Parole" it says approx 5 to 8 months right now, and for "Petition for the alien Relative" it much longer (who knows, maybe a year now).  Do they actually process and issue the work / travel papers before they've even received the petition for alien relative? I would have thought they don't even look at any of the other forms until the petition for the alien relative has been process (and the sponsor "cleared").

 

kenneth

EAD and AP are interim benefits.  If they waited then there would be no interim period and those benefits would be meaningless

[mushroomspore 3,044]

6 minutes ago, KennethH said:

Hello,

I am applying for a marriage-based green card and am a bit confused about the processing times.

 

For "Advance Parole" it says approx 5 to 8 months right now, and for "Petition for the alien Relative" it much longer (who knows, maybe a year now).  Do they actually process and issue the work / travel papers before they've even received the petition for alien relative? I would have thought they don't even look at any of the other forms until the petition for the alien relative has been process (and the sponsor "cleared").

 

kenneth

^What @payxibka said. They're "interim benefits", as in they only last for a certain period of time while the main decision is pending. EAD/AP also does not grant you any legal status, so they don't really "count" towards legal permanent residency. EAD/AP is just one of the very few ways that USCIS is trying to be nice to us immigrants. It's their way of saying they know it's hard for couples/families to survive on only one income, so they throw us a bone in the shape of the EAD/AP card. But it does not equate to having a green card or being an approved permanent resident. 

[Lil bear 4,328]

11 minutes ago, KennethH said:

Hello,

I am applying for a marriage-based green card and am a bit confused about the processing times.

 

For "Advance Parole" it says approx 5 to 8 months right now, and for "Petition for the alien Relative" it much longer (who knows, maybe a year now).  Do they actually process and issue the work / travel papers before they've even received the petition for alien relative? I would have thought they don't even look at any of the other forms until the petition for the alien relative has been process (and the sponsor "cleared").

 

kenneth

Please put your info into the timeline. It helps us all

to answer correctly. 
Are you applying as a spouse living in your home country or as a spouse living in the US having entered using a visa such as work , student etc ? 

[HRQX 4,145]

31 minutes ago, Lil bear said:

Are you applying as a spouse living in your home country or as a spouse living in the US having entered using a visa such as work , student etc ? 

Adjustment of Status per OP's other thread:

 

44 minutes ago, KennethH said:

I would have thought they don't even look at any of the other forms until the petition for the alien relative has been process (and the sponsor "cleared").

That's not how interim benefits work. I-131 and/or I-765 can be filed based on concurrently filed or already pending I-485. I-485 can be filed based on concurrently filed, already pending I-130, or approved I-130. Thus, I-130, I-485, I-765, and I-131 packets can be sent-in all together to the Chicago Lockbox. Most of the time EAD/AP combo card is issued before I-485 is adjudicated.

Edited August 24, 2020 by HRQX

[TBoneTX 46,119]

Thread is moved from the CR-1 Process forum to the "AOS from WS&T Visas" Case Progress subforum.

[KennethH 0]

5 hours ago, Lil bear said:

Please put your info into the timeline. It helps us all

to answer correctly. 
Are you applying as a spouse living in your home country or as a spouse living in the US having entered using a visa such as work , student etc ? 

Thanks, will be doing the timeline in the next few days - haven't actually submitted anything with USICS yet - just getting everything together, hoping to do it later this week.

I am in USA since May on a B2 visa, I was originally planning to leave end of October. But virtually no way to get to Australia now with restrictions, flight caps etc so it makes more sense to just ride this out here and then keep my green card. I have been doing 4 to 5 months a year here anyway for the last 6 years, so an extra month to keep my residency status doesn't bother me.

[Lil bear 4,328]

10 minutes ago, KennethH said:

Thanks, will be doing the timeline in the next few days - haven't actually submitted anything with USICS yet - just getting everything together, hoping to do it later this week.

I am in USA since May on a B2 visa, I was originally planning to leave end of October. But virtually no way to get to Australia now with restrictions, flight caps etc so it makes more sense to just ride this out here and then keep my green card. I have been doing 4 to 5 months a year here anyway for the last 6 years, so an extra month to keep my residency status doesn't bother me.

Thx for the clarification. It was needed to be able to post your thread in the best forum. 
Yep I understand the Aust travel. My 91yr old parents are in Melbourne and it’s agonising not beyond able to get back to be with them. 
Incoming international passenger number restrictions made it so much more difficult. Air New Zealand have consistent flights transiting through Auckland but they are about 5 weeks out now. 
If you are not heading back , then be prepared for 6 months after filing the I130 and AOS paintwork before your get the EAD and Travel Document. You will also be a resident for tax purposes for US tax year 2020 as per the IRS , so be aware of the impact of needing to file ... PM  me any time. 
 

Not sure about your comment of “ another month to keep residency”  Once you get the GC you need to be residing here in the US not in Australia. So being 6 months here then there is a good way to come under scrutiny of abandoning  your residency ..  if I’m understanding you correctly 

Edited August 25, 2020 by Lil bear

[KennethH 0]

Thanks Lil bear!

Yep my parents are in their 70s and that's my biggest worry - if something happened to them I couldn't get back, at least not quickly.

I figured I'll be here another 8 months anyway now so 6 months isn't really an issue. Are travel docs also pushed out that far now? I keep reading 4 to 5 months.  I will PM you now about the tax purposes thing, I was kind of aware but definitely need some more info on that, maybe you have some tips?  Gimme 5 and I'll message you.

 

kenneth

[Mollie09 1,543]

12 hours ago, KennethH said:

Thanks, will be doing the timeline in the next few days - haven't actually submitted anything with USICS yet - just getting everything together, hoping to do it later this week.

I am in USA since May on a B2 visa, I was originally planning to leave end of October. But virtually no way to get to Australia now with restrictions, flight caps etc so it makes more sense to just ride this out here and then keep my green card. I have been doing 4 to 5 months a year here anyway for the last 6 years, so an extra month to keep my residency status doesn't bother me.

Are you planning on living in the US or visiting for 5-6 months every year?

[KennethH 0]

4 minutes ago, Mollie09 said:

Are you planning on living in the US or visiting for 5-6 months every year?

I plan to live in USA but will still need to be out of country for maybe 4 to 5 months of the year due to my travel business. The first year I wouldn't be due to there not being much travel, but once that picks up I'd be in Europe and Australia a lot to visit. 

Edited August 25, 2020 by KennethH