Can one travel while I-131 Advance Parole application is being processed?

L

Lalmba

Registered Users (C)
Hi all,

My wife's I-485 is pending (will be 6 months at the end of February) and took more time than we expected, it is stuck in "Request for Evidence Response Review" for nearly 90 days. We called, we went to Infopass but the only reply we got was, "your case is waiting it's turn and we have not even looked at it yet". The EAD (I-765) was approved in 90 days.

Hoping 485 will take about 4-6 months we did not apply for I-131 (advance parole) along with I-485 (big mistake in hindsight) but now my wife wants to travel to Australa, brother's wedding. She got here in F1 Visa and is still active.

- If she travels now and then I mail her the I-131 when it arrives... can she do that?
- How long do you think the I131 will take taking into consideration EAD is already approved.
- what will happen to her I-485 application?

Thanks,
Lalmba
 
Her F1 visa is useless for reentry, as a result of the I-485 filing. And if she leaves the US while the AP is pending, the I-485 will be denied. So if she leaves before AP approval, she'll be stuck outside the US and you'll have to file I-824 to transfer the case to the consulate in Australia (or another country, if she's a citizen elsewhere).
 
Advance parole

Important to note that business trips, weddings, holiday parties, and other planned events would usually not be considered as an emergency situation.Depends on the officer though, I guess!
 
Last edited by a moderator:
Jackolantern said:
Her F1 visa is useless for reentry, as a result of the I-485 filing. And if she leaves the US while the AP is pending, the I-485 will be denied. So if she leaves before AP approval, she'll be stuck outside the US and you'll have to file I-824 to transfer the case to the consulate in Australia (or another country, if she's a citizen elsewhere).
Click to expand...

Thanks Jackolantern, if she decides to take that route how long will it take for form I-842 to process.
 
The I-824 can only be filed after the I-130 approval, and then it will take about 3-6 months to get a consular interview. After the interview she should get back her passport within a week with the immigrant visa in it which would enable her to return to the US. Upon admission to the US with that visa, she'll be a permanent resident and the physical green card should be automatically delivered in the mail within a month.
 
Yes she has an approved I-130 and a pending I-485 here in the US.

Her I-485 was mailed on 10/01/2012 and in about 5 weeks they asked RFE (Birth Certificate). they recieved that on 11/26/2012 and the case status shows " Request for Evidence Response Review " We have not heard from them since then, we went to Infopass but we where told to wait and that the folder is not even touched by anyone as yet.

Is this normal?
 
3-6 months is the normal time frame for a marriage-based I-485, and March 1 will make 5 months. So you're still within the usual time frame; no need to be concerned yet. But if you don't get an interview letter by the end of March, go to Infopass and make some noise.
 
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