I-131 and AOS interview

Z

Zyack

Registered Users (C)
Hello All,

I am planning to marry my fiancee and apply I-130 and I-485 as soon as I become US citizen(expected in 01/2013). As we want to go to India for the ceremony in 04/2013, we are planning to apply I-131 as well. (I-765 as well because my fiancee's F1/OPT visa is about to expire on 04/2013)

I am little confused on how I-131 works.....Assuming that we got the EAD and AP approved in 2-3 months:

1. Can we leave US as soon as her AP is received assuming USCIS considers the travel dates mentioned in I-131 to schedule the AOS interview? (or) Is the AP valid only after the AOS interview is done and waiting for the I-485 decision?

2. Assuming that we leave US(with EAD & AP in hand) after the AOS interview, Would there be any problem at POE while returning as her F1 visa will be expired by then? I guess it shouldn't be an issue as she have EAD and AP in hand - Any ideas?

Appreciate your experiences and suggestions

Thanks,
Zyack
 
Zyack said:
1. Can we leave US as soon as her AP is received assuming USCIS considers the travel dates mentioned in I-131 to schedule the AOS interview? (or) Is the AP valid only after the AOS interview is done and waiting for the I-485 decision?
Click to expand...

She can leave once the AP is approved, regardless of whether the interview has occurred or not. But they will schedule the interview without regard for the stated travel dates on the I-131, so the interview date could conflict with your travel plans.

Do you already have an oath date for January? If not, you don't know when you'll become a US citizen. And once you file the I-485 and I-131, you don't know how long they will take to approve the AP or when your interview date will be. Suppose the interview date is the same week of the ceremony? They frequently deny I-485s for not showing up at the interview, even if you requested a reschedule. I suggest you plan the ceremony for much later in the year like September, otherwise you're at high risk of having to reschedule the ceremony or miss the interview.

2. Assuming that we leave US(with EAD & AP in hand) after the AOS interview, Would there be any problem at POE while returning as her F1 visa will be expired by then?
Click to expand...
Once her I-485 is filed, her F1 visa is useless for reentry. But she can reenter with AP if the AP was approved before she left the US, and if they haven't denied the I-485 (such as for missing the interview).
 
Hi Jack,

First of all, thank you very much for your response.:eek:

I don't have an oath date yet.....DO is CHICAGO:confused:, so still waiting for the interview date. I am hoping to get oath done by JAN or FEB.

Jackolantern said:
They frequently deny I-485s for not showing up at the interview, even if you requested a reschedule. I suggest you plan the ceremony for much later in the year like September, otherwise you're at high risk of having to reschedule the ceremony or miss the interview.
Click to expand...
That's a bummer :( ......Then we will have to plan the ceremony only after her approval of AP and AOS done.

Say we don't go to India for the ceremony, Is she allowed to apply for H1(while I-485 is processing) through her employer just to be prepared for worst case of I-485 denial? - So that she could at least stay in US on valid visa as her F1 is expiring on 04/2013.

Thanks again for your suggestions..
 
Once her I-485 is filed, she can stay in the US until it is decided.

Why are you worried about I-485 denial? If it is denied for a technicality, just reapply or reopen it. If it is denied for something serious, that probably would also affect her H1B eligibility. And her H1B won't be usable until October anyway (unless the employer is a quota-exempt organization).
 
Jackolantern said:
Once her I-485 is filed, she can stay in the US until it is decided.

Why are you worried about I-485 denial? If it is denied for a technicality, just reapply or reopen it. If it is denied for something serious, that probably would also affect her H1B eligibility. And her H1B won't be usable until October anyway (unless the employer is a quota-exempt organization).
Click to expand...

Wanted to apply H1B as we don't want her to lose job for not being in any visa status until I-765 or I-485 is approved. Can she work while 485 is pending?
 
Zyack said:
Wanted to apply H1B as we don't want her to lose job for not being in any visa status until I-765 or I-485 is approved. Can she work while 485 is pending?
Click to expand...

She can work while the I-485 is pending if she has an approved EAD. The H1B will probably take longer to be approved than the I-765 (EAD), and even if the H1B is approved quickly it can't be used until October 1st.

And like I said before, if the I-485 is denied for something serious, the H1B would also be denied or canceled.
 
Im new and I don't know how to post. But I would like to know if an interview for I-131 ( Parole in Place ) is normal.
 
You must log in or register to reply here.
Top