I-131 Travel Document

[muchosuerte 0]

She is here on a K-1 (still within the three months). We are now married. We are about to submit the I-485 and will include the I-131 as she would like to visit her family in August for a couple of weeks and would like to save money of a future fee for this document.

We file for a Re-entry permit right? The Advance Parole is "an extraordinary measure used sparingly to bring an otherwise....." as it says in the instructions.

The sample on the website checks the Advance Parole in their K-1 sample and all of the discussion of Advance Parole that I have been reading seems to indicate that Advance Parole is the normal proceedure.

Can someone set me straight please?

Thank You.

[YuAndDan 153]

There is NO "Future Fee" for this document, you can file it NOW with I-485 or LATER and based on I-485 there is NO fee.

You MAY want to read the I-131 forms instructions: (PAGE 8)

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

http://www.uscis.gov/files/form/I-131instr.pdf

It is AP if I-485 is pending.

It is a travel doc "Re-entry Permit", if you have green-card, and intend to be out of the USA for an extended period, like a year or more.

Edited December 16, 2008 by YuAndDan

[muchosuerte 0]

There is NO "Future Fee" fir this document, you can file it NOW with I-485 or LATER and based on I-485 there is NO fee.

You MAY want to read the I-131 forms instructions: (PAGE 8)

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

http://www.uscis.gov/files/form/I-131instr.pdf

It is AP if I-485 is pending.

It is a travel doc "Re-entry Permit", if you have green-card, and intend to be out of the USA for an extended period, like a year or more.

I guess that I took that to mean only AP or Refugee filers can waive the fee. And what you are telling me is that she would be AP if we file with the I-485 now or lter, but before we get her green card. I just don't get how we fit the AP description. Other than postage, are there advantages or disadantages to filing the I-131 now vs. later? Is it better to wait till after she gets her green card?

[YuAndDan 153]

I guess that I took that to mean only AP or Refugee filers can waive the fee. And what you are telling me is that she would be AP if we file with the I-485 now or lter, but before we get her green card. I just don't get how we fit the AP description. Other than postage, are there advantages or disadantages to filing the I-131 now vs. later? Is it better to wait till after she gets her green card?

You cannot file for AP before filing for AOS, only with AOS filing or after you file for AOS.

Advantage of filing with AOS, is you will get an AP doc that is valid 1 year and can use it at any time during that year. If you file for it after AOS, who knows AP may take longer than you expected, and get stuck with no AP doc before your planned trip.

Since AP costs NOTHING when based on a pending I-485, might as well apply for it with AOS.

[muchosuerte 0]

I guess that I took that to mean only AP or Refugee filers can waive the fee. And what you are telling me is that she would be AP if we file with the I-485 now or lter, but before we get her green card. I just don't get how we fit the AP description. Other than postage, are there advantages or disadantages to filing the I-131 now vs. later? Is it better to wait till after she gets her green card?

You cannot file for AP before filing for AOS, only with AOS filing or after you file for AOS.

Advantage of filing with AOS, is you will get an AP doc that is valid 1 year and can use it at any time during that year. If you file for it after AOS, who knows AP may take longer than you expected, and get stuck with no AP doc before your planned trip.

Since AP costs NOTHING when based on a pending I-485, might as well apply for it with AOS.

I'm loosing confidence in the sample I-131. It clearly states on the sample (as on the actual document) in part 3 that if you are applying for AP you skip to question 7. Who ever filled out the sample, they did not skip to part 7, they answered parts between AND DID NOT ANSWER PART 7!

Has anyone out there filled out an I-131 under similar circumstance as us, and had the travel document approved? Under what heading in Part 2 did you use?

Dan - did you file an I-131? I just don't see how, as defined in the Instructions ("What Is the Purpose of This Form", item 3), that AP is what we are supposed to put down. I appreciate your input, but I am confused.