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

[Boiler 45,525]

Well they have not really lost anything if they abandon the process, apart from the filing fees.

[SteveInBostonI130 3,459]

6 minutes ago, 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). 

OP never stated he filed I-130.

[Redro 4,611]

2 minutes ago, SteveInBostonI130 said:

OP never stated he filed I-130.

He did... I asked the question earlier...

 

[Redro 4,611]

13 minutes ago, Boiler said:

Well they have not really lost anything if they abandon the process, apart from the filing fees.

OP wants it both ways.. the ability to for his wife to live and work in Poland with the "shorter" AOS timeline in the States... 

Multiple posters have suggested his wife a) misses her brother's wedding and waits for her GC/ EAD &AP  in the States or b) abandons AOS and moves back to Poland and undergoes consular processing

but he doesn't like either suggestion. 

OP and the wife want to move back to Poland in May to work a wedding before her brother's wedding (In late June) while maintaining her place in line for AOS. 

Edited November 21, 2021 by Kor2USA

[Crazy Cat 41,886]

6 minutes ago, Kor2USA said:

He did... I asked the question earlier...

 

You asked, but I never saw his answer.......did he answer?

[SteveInBostonI130 3,459]

Again, he just stated he "filed with the I-485".  We are filling in "filled I-130 and I-130a with the I-485" for him.  "With the I-485" could also mean "with the form I-485" and only I-485.

 

It would be helpful to know what specific forms were filed and when.

 

@kloisha, Did you file the following forms?  If so, were they all filed the same time last week?

 

- I-130

- I-130a

- I-1485

- I-131

 

 

[Crazy Cat 41,886]

Just now, SteveInBostonI130 said:

Again, he just stated he "filed with the I-485".

Exactly.  Maybe he was implying that the I-130 was filed with the I-485.

Edited November 21, 2021 by Crazy Cat

[Redro 4,611]

5 minutes ago, SteveInBostonI130 said:

Again, he just stated he "filed with the I-485".  We are filling in "filled I-130 and I-130a with the I-485" for him.  "With the I-485" could also mean "with the form I-485" and only I-485.

 

It would be helpful to know what specific forms were filed and when.

 

@kloisha, Did you file the following forms?  If so, were they all filed the same time last week?

 

- I-130

- I-130a

- I-1485

- I-131

 

 

I directly asked if he filed the I-130/I-130A before the I-485 or with it and he replied "with"...

maybe he misunderstood my question... either way I know OP doesn't want to wait in line for consular processing but also wants his wife to be able to work and travel to/in Poland while she waits for her AP/EAD/ and GC.... 

Edited November 21, 2021 by Kor2USA

[powerpuff 6,705]

After reading this thread you seem to be grasping at straws in finding a “loophole” to reach your desired outcome (which is to “save” your spot in a AOS line without receiving an AP, have your wife travel out the country and re-enter on the basis of a “saved” AOS spot).
 

Well, you can’t have your cake and eat it too.

 

There’s no such thing as saving a spot in AOS while your wife travels out of the US without an AP card.
 

SHE LEAVES WITHOUT AP = SAY BYE BYE TO AOS. Period. No if’s and but’s.

 

Your only two options:

 

1) Stay put and wait for AP. Try to expedite if you want/can (job offer idea). If it’s not approved AND received in your mailbox before she flies out to the wedding/work assignment - accept the reality and stay in the US to continue waiting for the AOS process.

 

2) Your wife departs the US before her I-94 expires. Again refer to my above point: SHE LEAVES WITHOUT AP = SAY BYE BYE TO AOS. You file for I-130 to USCIS to petition your wife for a CR1 spousal visa. After it’s approved (± 9 months), wait for NVC processing. Then comes the consular interview. Approximate wait time - 2 years from start to finish. 
 

The choice is yours but these are your only 2 options. Weigh out the pros and cons and make your decision. Stop looking for loopholes, there aren’t any. 

Edited November 21, 2021 by powerpuff

[Boiler 45,525]

There is the chance of Expedited AP. and I am a big proponent of applying. I have sen some weird cases approved.

 

Relying on it happening is another matter.

[SalishSea 17,836]

14 hours 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??

Green card processing times nationally are close to two years.

[SalishSea 17,836]

14 hours ago, kloisha said:

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

Where have you been during the past two years???    It was 4-5 months for AP/EAD in 2018, my friend.

[Just Paul 4,595]

OP - lots of our questions here could have been avoided if you also filed out a timeline here.  I hope you filed the I-130 and all of the suggested optional items when the I-485 was filed.

[retheem 566]

On 11/20/2021 at 4:02 PM, kloisha said:

i see. i forgot they record departure dates for i94s. so yeah, upon re-entry it'd be a problem, unless as just a coincidence, the date of approval on the AP would be before her departure by just a couple days and due to processing and mailing it arrives a week or two after we left. i mean, when i'm looking at timelines, it seems like the processing time for AP will put us literally right around our departure. It's truly nerve-wracking. not to mention we wouldn't even have where to live in Poland and i work in the US. no being able to attend her brother's wedding would break her heart, and possibly our marriage consequently. I'm the one who's asked her to live in my country, not the other way around

We have got freedom of choice, but every choice has consequences. You will have to make a  choice of what's important, choose whether to forgo her traveling for wedding or for her to leave the country and start over. Pick your poison.

[igoyougoduke 1,656]

20 hours 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??

i applied for AP/EAD in nov 2020 just got a decision. so roughly 12-16 months. 7 months is like hoping for a miracle of hudson