Wife's brother in Poland is getting married, what to do? AP/I-131 topic

[Just Paul 4,595]

The faster you "need" something from the government the slower it is done. It is a universal law.

[Redro 4,611]

I'm confused. You just filed AOS last week.

Did your wife's brother only announce his wedding date this week?

Did you only discover this week your wife can't travel until she receives AP?

If attending the wedding is so important consider @Letspaintcookies idea. 

Have your wife look for a job and hope for a combo card. Even though your wife plans to start her own business, working for someone else before the wedding could help solve your issue. 

If your wife isn't willing to compromise and the attending the wedding is more important that staying in the States  consider abandoning AOS and have her return to Poland before her stay expires in February. She can then interview in Poland. 

 

Edited November 21, 2021 by Kor2USA

[Gomast 65]

4 hours ago, Timona said:

What are you worried about? She will have AP by June 2022. That timeframe is well more than enough, even during height of COVID @kloisha

Not necessarily. I applied for AP on March 2021, and it hasn’t been approved yet. I already filed 2 outside normal processing time requests. 

[Scandi 4,129]

4 hours ago, Timona said:

 

I did not tell him to get plane tickets. 

However, I'm positive he will have AP by June. I watched trends during peak of COVID. That's how I made my analysis. During that time, it was taking 8 months. I know this too because 3 of my friends applied in October 2020 and had AP by May/ June 2021. 

And a TON of people waited well over 10 months. So.. not possible for any of us to say they will have the AP approved in 7 months. 

[Cathi 5,740]

6 hours ago, kloisha said:

not a K1, we're married, but it seem indeed to be the same problem.

So she came on a tourist visa and adjusted status. Either way, if AP is not issued before she departs the US, she cannot re-enter without a spouse visa. It's simple.

[kloisha 2]

31 minutes ago, Scandi said:

And a TON of people waited well over 10 months. So.. not possible for any of us to say they will have the AP approved in 7 months. 

10 months just for AP?? Processing times i see for getting a green card are this ballpark (for spouse AOS), but don't you receive your AP/EAD card sooner at least by a couple of months than the actual green card??

[kloisha 2]

1 hour ago, Gomast said:

Not necessarily. I applied for AP on March 2021, and it hasn’t been approved yet. I already filed 2 outside normal processing time requests. 

are you filing based on K1 or spouse AOS? btw we're in Fort Lauderdale and will be processed by Oakland Park field office, which i think has a bit faster processing time than Miami. But still, i believe 6-7 months to be a minimum for get the AP card.

[Redro 4,611]

28 minutes ago, kloisha said:

10 months just for AP?? Processing times i see for getting a green card are this ballpark (for spouse AOS), but don't you receive your AP/EAD card sooner at least by a couple of months than the actual green card??

Some people have received their AP/EAD card a week or two before their green card.... 

[kloisha 2]

1 minute ago, Kor2USA said:

Some people have received their AP/EAD card a week or two before their green card.... 

WOW! this is getting ridiculous. it used to be 4 months for AP/EAD and still around 10-12 months for green card. i'm in shock

[kloisha 2]

2 hours ago, Kor2USA said:

I'm confused. You just filed AOS last week.

Did your wife's brother only announce his wedding date this week?

Did you only discover this week your wife can't travel until she receives AP?

If attending the wedding is so important consider @Letspaintcookies idea. 

Have your wife look for a job and hope for a combo card. Even though your wife plans to start her own business, working for someone else before the wedding could help solve your issue. 

If your wife isn't willing to compromise and the attending the wedding is more important that staying in the States  consider abandoning AOS and have her return to Poland before her stay expires in February. She can then interview in Poland. 

 

thanks. i guess we'll consider this idea of getting a combo card, even if that job will be temporary. do you know the processing time in such a situation? 

[kloisha 2]

2 hours ago, Kor2USA said:

If your wife isn't willing to compromise and the attending the wedding is more important that staying in the States  consider abandoning AOS and have her return to Poland before her stay expires in February. She can then interview in Poland.

 

are you saying that if we left in February (no overstay for her then), our case filed for AOS will still continue to be reviewed although she's no longer in the US? And in that case you're saying that she'd be waiting there, say, until october or so (whenever the case would finally be processed), and be interviewed at the embassy instead?...

i thought that if she leaves the country it's abandoning AOS period, regardless if she's leaving before or after february 7th (i-94 deadline). am i misunderstanding how that works?...

[Redro 4,611]

 

6 minutes ago, kloisha said:

thanks. i guess we'll consider this idea of getting a combo card, even if that job will be temporary. do you know the processing time in such a situation? 

I have no clue. @Letspaintcookies might know.... or one of the other members. 

Here is a search of "expedite EAD" 

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=expedite+EAD+&sa=Search

You might be able to see something recent from 2021... 

 

[Redro 4,611]

11 minutes ago, kloisha said:

are you saying that if we left in February (no overstay for her then), our case filed for AOS will still continue to be reviewed although she's no longer in the US? And in that case you're saying that she'd be waiting there, say, until october or so (whenever the case would finally be processed), and be interviewed at the embassy instead?...

i thought that if she leaves the country it's abandoning AOS period, regardless if she's leaving before or after february 7th (i-94 deadline). am i misunderstanding how that works?...

I'm suggesting you abandon/cancel your AOS application and just have her stay here in the States as a tourist and go home before February 7. 

 

BTW, did you file the I-130/I-130A  with the I-485 or did you file an I-130/I-130A before your wife came to the US. 

 

[kloisha 2]

33 minutes ago, Kor2USA said:

I'm suggesting you abandon/cancel your AOS application and just have her stay here in the States as a tourist and go home before February 7. 

 

BTW, did you file the I-130/I-130A  with the I-485 or did you file an I-130/I-130A before your wife came to the US. 

 

Filed with the I-485, here in USA. Abandoning the AOS application would mean to live abroad for an extended time (my understanding is 2 years or more), which is not really an option. This whole thread was more about find way to expedite the EAD/AP combo card. I understand that financial hardship is an angle that we could use. My wife has still her business in Poland (she's a floral and event designer for weddings actually). She had signed a contract for a wedding next May and frankly she was hoping to be able to travel back to Poland to do that assignment, and then attend her brother's wedding in June. Since cancelling that contract she has with this couple to decorate their wedding (budget > $10,000), couldn't she use that has a potential financial hardship for not being able to travel to Poland and thereby have her business lose a client, and possibly also her reputation with the wedding planner for cancelling a client like that just a few months before the ceremony?

[Redro 4,611]

5 minutes ago, kloisha said:

Filed with the I-485, here in USA. Abandoning the AOS application would mean to live abroad for an extended time (my understanding is 2 years or more), which is not really an option. This whole thread was more about find way to expedite the EAD/AP combo card. I understand that financial hardship is an angle that we could use. My wife has still her business in Poland (she's a floral and event designer for weddings actually). She had signed a contract for a wedding next May and frankly she was hoping to be able to travel back to Poland to do that assignment, and then attend her brother's wedding in June. Since cancelling that contract she has with this couple to decorate their wedding (budget > $10,000), couldn't she use that has a potential financial hardship for not being able to travel to Poland and thereby have her business lose a client, and possibly also her reputation with the wedding planner for cancelling a client like that just a few months before the ceremony?

You've received a possible path to expediting EAD/AP- have your wife apply for jobs here in the States.

But, attending a wedding isn't an "emergency" and having to work in Poland doesn't warrant expedite either. 

 

If living and working in Poland and attending her brother's wedding is more important she should return to Poland and wait the +/- 2 years for the spousal visa. 

Yes, the 2 year wait and being apart sucks. Yes, waiting in the States and not being able to work or travel for several months sucks. 

You just have to figure out which sucky process you want to follow. 

You can't have it both ways.