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

[kloisha 2]

15 minutes ago, Kor2USA said:

having to work in Poland doesn't warrant expedite either.

i get all you say and i agree overall. but what makes you think that "having to work in Poland doesn't warrant expedite either"?

Please understand, we would not ask to expedite the EAD but to expedite the AP instead. As mentioned, she couldn't care less to work in the US, so we don't really need to expedite the EAD (although i understand it's a "trick" some have used successfully here), because she already has work with her own company (based in Poland), which has clients internationally, not only in Poland btw. So to her, not being able to travel = financial loss. And we're not talking about a few hundred bucks here, but dozens of thousands lost, because her work requires to travel to wherever the wedding takes place. And Chapter 5 says "Severe financial loss to a company or person". So i'm confused, how's that irrelevant, could you explain?

Edited November 21, 2021 by kloisha

[Redro 4,611]

12 minutes ago, kloisha said:

i get all you say and i agree overall. but what makes you think that "having to work in Poland doesn't warrant expedite either"?

Please understand, we would not ask to expedite the EAD but to expedite the AP instead. As mentioned, she couldn't care less to work in the US, so we don't really need to expedite the EAD (although i understand it's a "trick" some have used successfully here), because she already has work with her own company (based in Poland), which has clients internationally, not only in Poland btw. So to her, not being able to travel = financial loss. And we're not talking about a few hundred bucks here, but dozens of thousands lost, because her work requires to travel to wherever the wedding takes place. And Chapter 5 says "Severe financial loss to a company or person". So i'm confused, how's that irrelevant, could you explain?

No offense but why would USCIS care about your wife's need to live and work in Poland?

Nothing is stopping her from leaving. She hasn't overstayed, so she won't get hit with a ban. She could stay in the US until February without any issues. 

 

Generally the financial hardship refers to the USC petitioner or a US company. 

But, you can send in your request to expedite AP citing your wife's need to live and work in Poland (where she is from) ... but this request (IMO) contradicts the entire purpose of AOS (which is the intention to live and work in the USA). 

[Gomast 65]

6 hours ago, kloisha said:

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.

AP and EAD are processed in the National Benefits Center. 

- I filed for AOS based on K-1 back in September 2019 in the Miami office. I haven’t heard anything from them since. 26 months waiting. 
- I filed for AP in September 2019 and it was approved in May 2020. It took 8 months. It expired  on 5/5/21.
- My cousin will be getting married in June 2022, so in March 2021 I applied to renew the AP.  That’s 8 months. It’s still pending. 
 

Edited November 21, 2021 by Gomast

[gregcrs2 1,778]

Unfortunately, you did what you did and now it is what it is.  Better to talk through all the possibiities/downfalls with your wife.  Trying to justify the reasons for expedited AP to yourself is unlikely to fly with USCIS.  Better to try at least.  Nothing ventured, nothing gained.  Good Luck.

[Crazy Cat 41,886]

I would strongly consider the possibility of  "attending" via a video link.  Life is full of choices (such as adjusting status as a visitor) ....and consequences.  Hopefully, she will receive an approval for the Advance Parole application prior to June.  Good luck.

 

Edited November 21, 2021 by Crazy Cat

[Letspaintcookies 2,310]

8 hours 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? 

It will still take a while cause many people are trying to expedite these days so better start looking today. And btw. I never said she needs to start working. She just needs a job offer.

[SteveInBostonI130 3,459]

8 hours 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?

Wait...

 

Your wife did not enter on a K1 fiance visa, correct?

 

Did you file the I-130 and I-130a after you got married?  Or did you just file the I-485?

[Redro 4,611]

8 minutes ago, SteveInBostonI130 said:

Wait...

 

Your wife did not enter on a K1 fiance visa, correct?

 

Did you file the I-130 and I-130a after you got married?  Or did you just file the I-485?

 

9 hours 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. 

 

 

8 hours 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?

 

[Crazy Cat 41,886]

11 minutes ago, SteveInBostonI130 said:

Did you file the I-130 and I-130a after you got married?

If not, that really blows a hole in the bottom of the boat, doesn't it?

[Redro 4,611]

17 hours ago, kloisha said:

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

 

[Redro 4,611]

5 minutes ago, Crazy Cat said:

If not, that really blows a hole in the bottom of the boat, doesn't it?

From what i understand the OP either was married to his wife or married her after she entered  the States  (on a B2 visa)and they filed AOS.... 

either way they entered the States and had the idea to AOS to circumvent the long wait at the embassy... and now she wants to return to Poland to work and attend her brother's wedding. 

Edited November 21, 2021 by Kor2USA

[Crazy Cat 41,886]

6 minutes ago, Kor2USA said:

From what i understand the OP either was married to his wife of married her after she entered  the States  (on a B2 visa)and they filed AOS.... 

either way they entered the States and had the idea to AOS to circumvent the long wait at the embassy... and now she wants to return to Poland to work and attend her brother's wedding. 

Agree.  My point is that, unless it was a K-1 (and married within 90 days), then an approved I-130 MUST be the underlying grounds for adjustment.  If the OP failed to file an I-130, the the adjustment and the I-131 will be denied......

Edited November 21, 2021 by Crazy Cat

[Redro 4,611]

Just now, Crazy Cat said:

My point is that, unless it was a K-1 (and married within 90 days), then an approved I-130 MUST be the underlying grounds for adjustment.  

From my understanding of the timeline, the OP filed an I-130 and and I130A alongside the AOS last week (after his wife arrived in the States on a B1/B2 visa and her I94 expires in February next year). 

[Crazy Cat 41,886]

Just now, Kor2USA said:

From my understanding of the timeline, the OP filed an I-130 and and I130A alongside the AOS last week (after his wife arrived in the States on a B1/B2 visa and her I94 expires in February next year). 

Got it.....Thanks.

[Redro 4,611]

Just now, Crazy Cat said:

Got it.....Thanks.

Check my posting of the timeline above your question: