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Hi,

Jade is arriving US next week and I am trying to do some planning. Can anyone tell me where I need to file the I-130? Nebraska, locally or Chicago? Additionally, I will be filing I-131 for AP -Is this done locally (Denver) or through Chicago? Also any info on how long AP takes for approval would be greatly appreciatied.

 

Thanks,

Jeff

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Hi,

Jade is arriving US next week and I am trying to do some planning.  Can anyone tell me where I need to file the I-130? Nebraska, locally or Chicago?  Additionally, I will be filing I-131 for AP -Is this done locally (Denver) or through Chicago?  Also any info on how long AP takes for approval would be greatly  appreciatied.

 

Thanks,

Jeff

Someone please correct me if I'm wrong, but you don't need to file an I-130 off the K-1. Just file the I-485 after marriage to adjust her status to legal permanent resident (conditional for two years). But, you might go ahead and file for EAD (I-765) and her SSN.

 

Can't help you on AP unless you want to file in Atlanta and wait and wait and wait. :P

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Guest Long_strider

AOS is filed at the nearest local service center. Not the same place that you filed the I-129f

 

AP time varies with the office, some slow, some quick. Portland office took about 30 days. EAD was same day of application. AOS took about 3 months from filing in PDX, but that is quicker than most.

 

You can file for the AP prior to marriage. But I do not recommend a return to China in the 90 day k-1 waiting period, before you marry as it will likley cause some raised eyebrows during the AOS process unless there are clear, well documented reasons for the return to China.

 

long_strider

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Thank you!

I don't plan on using AP before marriage. I am just trying to get a jump start on it because in April I am going back to China on business for 3 months and I would like Jade to come with me. We are going to try and get married this December if the church has avail. Do you think it will be a problem using AP 4 months after we are married? Is there a chance she cant get back into the US?

 

Thanks,

Jeff

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Like Mi said it all depends on where you live how long AOS takes. We didn't bother with advance parole since they are so fast in Portland. I do know one person who's wife went back to China on AP for a few months due to her job in China. She had a difficult time passing the AOS interview because of it but as far as I know no real difficulty getting into the country. I would recommend getting married before the end of Dec. so you can claim her on your income tax for 2004. You should be able to get AP before April and if you went to China together because of your job it would probably seem logical to the interviewing officer. Hope this helped a little and good luck to you.

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