Twlight-Zoners in a Black Hole!

[PapaBear]

Lao Po and I have come to the realization we are Twilight-Zoners stuck in that Black Hole of security checks after our successful AOS interview.

 

We also know that our wishes of uniting her mother and my parents in Beijing this coming spring may not happen as her K3 visa expires this coming February 13th.

 

So we have filed form I-131 for Advance Parole and are holding our breath that USCIS will deem our request worthy of the issuance of the travel document. They could deny it and then we would be out the $170 filing fee. If they do issue it, we will likely not know that result until sometime in late March or early April. The processing date for the National Service Center currently is September 14, 2006¡­¡­about 3.5 months.

 

I suppose our next endeavor is to file for another Employment Authorization Document as Lao Po has taken on a job and her current EAD will expire in March 2007.

 

When will this waiting game and endless paperwork come to an end?

 

Smiling until then,

 

PapaBear B)

[tywy_99]

You can extend the K3 visa at 2-year increments via USCIS form I-539.

From what I have read about it, it can be used if the I-130 is still awaiting approval or the I-485 has already been filed.

I'm not sure how the I-131 will work for a K3. I would be curious to see since it's the first time I have heard of it.

 

The AOS namecheck hell could be a long wait. Some people have been waiting a very long time. My stepdaughter has been waiting over a year now. I know others have been waiting much longer.

 

-good luck on the I-131. Let us know what turns out.

[PapaBear]

You can extend the K3 visa at 2-year increments via USCIS form I-539.

From what I have read about it, it can be used if the I-130 is still awaiting approval or the I-485 has already been filed.

I'm not sure how the I-131 will work for a K3. I would be curious to see since it's the first time I have heard of it.

 

The AOS namecheck hell could be a long wait. Some people have been waiting a very long time. My stepdaughter has been waiting over a year now. I know others have been waiting much longer.

 

-good luck on the I-131. Let us know what turns out.

 

Thanks for the info on the I-539 tywy_99.

 

Funny how IO's at InfoPass appointments lack the ability to despense good information when certain situations warrant something. I didn't know about this visa extension form, although I have presented my concerns regarding the expiration of our K3 and the desire to have the ability to travel as our valid K3 allows, no one at uscis has given this extension filing as an option. Instead of shelling out the $170 for possibly being granted a travel document, we should have paid the $200 and filed for the extension. Holy Cow! Live and learn!

 

Also, I realize those stuck in the black hole of namecheck often spend year or years there. We have accepted this, although we naturally would like to be able to travel back to attend to family matters whenever we wished. We look at this as freedom deserved in a free country like the US of A.

 

I tried to download the I-539 from the USCIS website and found that it wouldn't. I got an error dialog box stating that the file was corrupted and couldn't be downloaded nor opened. Will try again later and maybe get this paperwork going.

 

Thanks again tywy_99! Appreciate your help!

 

PapaBear B)

[pkfops]

Are you going through MSC?

[david_dawei]

Six months prior to EAD expiration is often suggested.

 

Here's another similar thread to yours:

http://candleforlove.com/forums/index.php?showtopic=18977

[PapaBear]

Hey, thank you all for your interest and help!

 

Yes, pkfops, we went through the MSC. Our local office here in Sacramento advised they were not currently processing these applications (I-131). They do show a processing date of September 14, 2006 for work on that particular application.....but in the same breath, the date shown for processing this application at the MSC is also September 14, 2006. So who knows if the information they gave us is correct or not. I keep taking their work as if they know what they're talking about!

 

We have scheduled an Info-Pass appointment for tomorrow to go in discuss this matter and obtain the form I-539 which I currently can not download from their forms website. I intend to ask why we were steered toward filing an I-131 instead of an I-539. I believe I already know the answer, although I'm afraid they won't truthfully answer. Ignorance!

 

Hey, I'm willing to admidt it on my side......but then, I don't have a full time job addressing these issues as a professional (what I expect to face in the form of an IO at these InfoPass appointments).

 

We will also include with this filing a completed form I-765 for renewal of our EAD. Processing times for all of these filings through the MSC is September 14, 2006.

 

We will learn more as we journey forward!

 

PapaBear

Edited December 21, 2006 by PapaBear (see edit history)

[PapaBear]

Six months prior to EAD expiration is often suggested.

 

Here's another similar thread to yours:

http://candleforlove.com/forums/index.php?showtopic=18977

 

USCIS instructions mention 100 days before expiration. But you know how their information smells......"Zack'ta"

 

PapaBear

Edited December 21, 2006 by PapaBear (see edit history)

[david_dawei]

Six months prior to EAD expiration is often suggested.

 

Here's another similar thread to yours:

http://candleforlove.com/forums/index.php?showtopic=18977

 

USCIS instructions mention 100 days before expiration. But you know how their information smells......

 

PapaBear

They have 90 days to get the EAD to you.. if not, you can get a temporary one by making an infopass appointment. The six month suggestion is simply to do it so early that you should definitely get EAD and avoid dealing with taking time off work to do infopass steps, etc...

[PapaBear]

You are right David, appling six months ahead might get it to ya without the usual hassle....and the USCIS Application Form does say, for "Renewal EADs" to apply "at-least" 100 days before expiration.

 

Thanks for the link you posted, I found it very interesting. During all of our inquires with USCIS and DOS regarding our expiring visa we expressed the need to travel outside the country in the near future......and their word was that if an Adjustment of Status was pending, our expired visa was still valid. We learned later that was only true for remaining here in the US. Then USCIS steered us toward filing for AP, advising us that our application could be denied.....so, why didn't they suggest another route? Your guess is as good as mine!

 

'nuff said!

 

PapaBear

[tywy_99]

Some additional info concerning K3/4 NIV's:

There's a detailed section about the I-539 and the extension of status

 

FEDERAL REGISTER CITE: 66 FR 42587