I-131 Wait Times

[murffatl 0]

My wife and I did things a little backwards. We got married and then she left the country to be with her family for the birth of a new sibling. Now she's in Australia and I'm in the States and we're just waiting for her I-131 Advanced Parole to be approved so she can return.

Has anybody gone through this process of filing for Advanced Parole? And if so, how long did it take for approval?

[jula 0]

My wife and I did things a little backwards. We got married and then she left the country to be with her family for the birth of a new sibling. Now she's in Australia and I'm in the States and we're just waiting for her I-131 Advanced Parole to be approved so she can return.

Has anybody gone through this process of filing for Advanced Parole? And if so, how long did it take for approval?

It is confusing as you are posting under K3 section.. and have no timeline.

I am guessing your wife came on K1, you two got married, applyed for AOS and Advance Parole, she left the USA?

If the above is correct : your wife should NOT have left before AP is approved. It says so on the form, doesn't it?

Before we go on with advices, please explain your wife's status..

[murffatl 0]

We skipped the K1 part and have only sent in our I-485 and I-130 along with the needed additional applications. The I-131 does say it is okay to leave the country before approval.

If i'm in the wrong forum, please let me know. We just started the whole process on July 17th.

Dec 05 - Vanessa and I met in Adelaide, South Australia

March 06 - I left AUS...no V

May 06 - V visited me in GA

July 06 - V leaves US for Europe...no V

Oct 06 - I visit V in AUS

Nov 06 - I leave AUS again...no V

Feb 07 - V visits me

April 07 - V and I leave the country together

May 07 - V and I re-enter the country

June 22nd - V and I get married

July 10th - Filed all forms

July 13th - Notice of Reciept

July 17th - V leave to see family

Currently - waiting for I-131 for her return...thank god for skype

[Yodrak 7]

murffatl,

If your wife left the USA prior to the approval of her I-131 then the I-131 and I-485 applications have been abandoned.

Yodrak

My wife and I did things a little backwards. We got married and then she left the country to be with her family for the birth of a new sibling. Now she's in Australia and I'm in the States and we're just waiting for her I-131 Advanced Parole to be approved so she can return.

Has anybody gone through this process of filing for Advanced Parole? And if so, how long did it take for approval?

[Dr_LHA 3]

My wife and I did things a little backwards. We got married and then she left the country to be with her family for the birth of a new sibling. Now she's in Australia and I'm in the States and we're just waiting for her I-131 Advanced Parole to be approved so she can return.

Yeah, it doesn't work like that as Yodrak said. Time for you to start the K-3 process as USCIS most likely now consider her AOS application to be abandoned.

[payxibka 10,047]

I know that the common line is that if you leave the US before AP is approved then your AP and AOS are deemed abandoned. However, in reading the I-131, I am confused by Part 7.2 & 7.3. Which asks if the AP applicant is outside the USA to provide the embassy or consulate that the AP document is to be delivered .... This would certainly give someone some plausible reason to think it was possible to be outside before approval.

Edited August 6, 2007 by fwaguy

[Dr_LHA 3]

What it says on the AP is irrelevant, leaving the USA before AOS is approved without permission to do so is considered an abandonment of AOS. Permission in the case of a K-1 would be the approved AP.

[jula 0]

I know that the common line is that if you leave the US before AP is approved then your AP and AOS are deemed abandoned. However, in reading the I-131, I am confused by Part 7.2 & 7.3. Which asks if the AP applicant is outside the USA to provide the embassy or consulate that the AP document is to be delivered .... This would certainly give someone some plausible reason to think it was possible to be outside before approval.

Form I-131 is for two types of Advance Parole and for re-entry permit, and rules are different for each document.

K3 or CR-1 is now a way to go.

[payxibka 10,047]

What it says on the AP is irrelevant, leaving the USA before AOS is approved without permission to do so is considered an abandonment of AOS. Permission in the case of a K-1 would be the approved AP.

Looking at the AP form it is understandable how the OP did not realize what they have done is a problem.

"Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Individuals must be approved for Advance Parole before leaving the United States. Individuals who have been granted Temporary Protected Status (TPS) must also apply for advance parole if they want to travel abroad. Travel outside of the United States without Advance Parole has severe consequences and individuals who violate this law may be unable to return to the United States and their applications may be denied."

http://www.uscis.gov/files/pressrelease/Tr...isory110205.pdf

[jula 0]

I-131 instructions

"If you travel before the advance parole document is issued, your application will be deemed abandoned if

1. You depart from the United States, or

2. The person seeking advance parole attempts to enter the United States before a decision is made on the application"

point 1. is for AOS applicants

point 2. is for

"A. If you are outside the United States and need to visit the United States temporarily for emergent humanitarian reasons:

You may apply for an advance parole document.However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-casebasis for temporary entry, according to suchc onditions as prescribed...."