questions on advanced parole and employment

[billd 0]

My wife entered the US from Brazil on July 19 and we were married in the begining of October. In preparing our I-485 package we discovered that she had not had an innoculation for Chicken Pox. She had Chicken Pox as a child so she was not given the innoculation as part of her K-1 application package. She was only asked if she had had Chicken Pox, not tested. So we found out that we had to have the innoculation performed or have her blood tested positive for immunity to submit the I-485 package for permanent residence. We just had her blood tested and the immunity was NOT shown. She now has to have the innoculation performed, which is actually 2 innoculations which must be done 30 days appart and this will delay our I-485 application.

We want to apply for Advanced Parole and employment authorization and we intended to submit the applications with the I-485 package. Her I-94 is now expired and in reading the instructions for the I-765 application it states that the application must be submited within 90 days of entry or with the I-485. So I have a few questions. Should we submit the I-485 package without the Chicken Pox innoculation document, including the I-765 and I-131, or will nothing be done in regard to processing the package until Chicken Pox innoculation document is recieved. In other words, would sumitting the package without the innoculation expidite the processing of the employment authorization and APR. My second question is can I submit the I-131 for Advanced parole before submitting the I-485 package (even though my wife's I-94 is now expired) or will the review of this be delayed by the USCIS until the complete I-485 package is reviewed?

I would appreciate it if anyone can offer advice on this.

Thanks

BillD

[chloe 1]

Because we wanted to beat the fee increase, we sent our I-485 and I-765 together with just the form given to us from our K1 medical. I myself, have not had the varicella vaccine, as I also had chicken pox as a child.

The way I figured was that I would wait until they made a request for further evidence and then get the vaccination records taken care of, rather than wait.

This was due to a) to beat the fee increase on July 31st and to get my work authorisation ASAP.

So far, they have requested more info on the sponser but not the medical as yet.

But good news is that they issued my work authorisation within the 90 days.

Thats just been my experience so far.

Edited October 25, 2007 by chloe

[Ladylethal 12]

As part of my K1 I didn't have the exam or the vaccine and was also asked if I had had chicken pox, the civil surgeon put down that I didn't need the vaccine so I sent the form from Brasil with my package and never got an RFE for proof of having chicken pox or the vaccine.

[kim&james 0]

To apply for AP, you will have to submit the I-485.

If you need the chicken pox vacination, you can have the first shot done and the vaccination supplement filled in to the satisfaction of most civil surgeons. Then take proof of the final shot with you to the interview.

For a K1, the AOS does not need to be submitted within the 90 days. You only have to get married in that time to satisfy the conditions of that visa. You can submit your paperwork anytime.

Unless it is a life and death emergency, you cant expidite AP. Any RFE will hold up processing of the EAD and AP which are treated as separate applications.