When to file I-131 during K-1 visa process?

[hej1 0]

Hi, everyone--

My fiance and I are about to file the I-129F for a K-1 visa. We would like to return to Peru after our marriage in the US in order to have a ceremony in Peru as well. I know that we have to file an I-131 to do this.

At what point in the K-1 process can we file the I-131? I am confused about when we can do this...from what I've read, it seems like the earliest you can file it after you receive the 2nd NOA before the K-1 visa is issued? Is this correct or can we can we file it earlier with the I-129F petition? Please let me know what is the earliest point when we can file for the I-131...

Thanks very much!

[Anh map 2,098]

Reading the form instructions it says that you must be physically in the US when filing the I-131. Also you must be a conditional permanent resident or LPR.

Given that you could file after entering the US with your K1 visa.

[Danu 19]

Yes, you must be in the states, and you must be filing for your AOS, before that you are not eligable for it as the K1 visa is a nonimmigrant visa. You will hopefully get it before your conditional greencard, but you must be in the process of adjusting to be able to get it. It usually takes about 3 months to file, so you would be waiting about 3 months after your marriage provided that you get all your AOS stuff together and in ASAP after your marriage in the states. The fee's for AP and EAD are all included in the AOS fee as well so I suggest getting them all done at once instead of spending money on them seperately.

[Kathryn41 3,205]

AP (I-131) is not part of the K-1 process. It is part of the AOS (Adjustment of Status) process. After your fiancee has received the K-1, entered the US and you have got married, she needs to apply for AOS which is basically permission for her to remain in the US as a permanent resident. While the AOS application is being adjudicated she is allowed to use an AP (Advance Parole) to travel outside of the States and return, and to use an EAD (Employment Authorization Document) to work. Both of these are tied to the AOS application. So the earliest she would be able to apply for an AP is with the AOS application after marriage.

Edited July 2, 2009 by Kathryn41

[Gary and Alla 3,694]

Hi, everyone--

My fiance and I are about to file the I-129F for a K-1 visa. We would like to return to Peru after our marriage in the US in order to have a ceremony in Peru as well. I know that we have to file an I-131 to do this.

At what point in the K-1 process can we file the I-131? I am confused about when we can do this...from what I've read, it seems like the earliest you can file it after you receive the 2nd NOA before the K-1 visa is issued? Is this correct or can we can we file it earlier with the I-129F petition? Please let me know what is the earliest point when we can file for the I-131...

Thanks very much!

She CAN file it immediately when she sets foot in the USA. You will pay a fee for that. OR you can wait until after marriage and file it with the AOS and it is free. Your choice. In either case, it is after she arrives here. 2-3 months for receiving an approved AP seems about normal.

[Gary and Alla 3,694]

AP (I-131) is not part of the K-1 process. It is part of the AOS (Adjustment of Status) process. After your fiancee has received the K-1, entered the US and you have got married, she needs to apply for AOS which is basically permission for her to remain in the US as a permanent resident. While the AOS application is being adjudicated she is allowed to use an AP (Advance Parole) to travel outside of the States and return, and to use an EAD (Employment Authorization Document) to work. Both of these are tied to the AOS application. So the earliest she would be able to apply for an AP is with the AOS application after marriage.

Not exactly correct. Either can be filed immediately on arrival, before marriage and before AOS. You will pay fees for each and the EAD, if received before I-94 expiration, will expire with I-94. The EAD, at least is a terrible value for the money unless filed with the AOS, but it can be done. The AP can be filed immediately but costs money. If filed with the I-485, it is free.