are we able to obatin a Travel document(I-131)?

[MGG032589 0]

Hey guys,

My husband came here on august which means we had 90 days to get married. we did get married in those 90 days, in october to be exacgt but we didnt file for I-485, I-131 and I-765 til January. Is it true this means he's not eligible for the travel document which allows him to leave the country while his residency is pending?

[payxibka 10,045]

Hey guys,

My husband came here on august which means we had 90 days to get married. we did get married in those 90 days, in october to be exacgt but we didnt file for I-485, I-131 and I-765 til January. Is it true this means he's not eligible for the travel document which allows him to leave the country while his residency is pending?

you should be fine...

[Kathryn41 3,205]

If more than 180 days have passed since the I-94 expired and the AOS application is accepted then don't use the I-131 Advance Parole even if one is granted. USCIS will issue an I-131 but if he leaves the country and has more than 180 out-of-status days, the border authorities will not honour the AP and will deny him re-entry, plus give him a 3 year ban. If he has less than 180 days out of status they shouldn't issue a ban, but they may give him a hard time questioning why he was out of status.

[payxibka 10,045]

time line would indicate the accrued overstay is in the neighborhood of 45-75 days

Edited April 3, 2009 by payxibka

[MGG032589 0]

If more than 180 days have passed since the I-94 expired and the AOS application is accepted then don't use the I-131 Advance Parole even if one is granted. USCIS will issue an I-131 but if he leaves the country and has more than 180 out-of-status days, the border authorities will not honour the AP and will deny him re-entry, plus give him a 3 year ban. If he has less than 180 days out of status they shouldn't issue a ban, but they may give him a hard time questioning why he was out of status.

Hi, Im really confused. My husbands I-94 stated its expiration on NOV 11. We are planning to travel in May aqnd his I131 should arrive late april. are you telling em we shouldnt travel. you kind of confused me. sorry

time line would indicate the accrued overstay is in the neighborhood of 45-75 days

Could you explain to me regarding the timeline you spoke about. im confused

[TBoneTX 45,299]

The form that we submit to USCIS is the I-131. The Advance Parole document that USCIS issues (upon approval of the I-131) is the I-512L.

[payxibka 10,045]

Could you explain to me regarding the timeline you spoke about. im confused

You VJ timeline indicates alien US entry on 08/13/08... 90 days authorized stay ended on or about 11/11/08. With no AOS application pending, overstay days began to accrue. You mentioned AOS application in January (but not what day in January). From 11/11/08 to 1/1/09 is about 50 days. Add the number of days from 1/1/09 until acceptance of the I-485 will add additional overstay days. For example, if you submitted on 1/15/09 then the total accrued would be 65 days (50 days from 11/11 to 1/1 plus 15 more days in January). This number needs to be below 180 before a "ban" on re-entry would be triggered if the alien departed. If a re-entry ban is triggered then AP (I-512L) will not get him back in to the USA, rendering the AP document effectively unusable for your situation.

Edited April 3, 2009 by payxibka

[Krikit 1,164]

If more than 180 days have passed since the I-94 expired and the AOS application is accepted then don't use the I-131 Advance Parole even if one is granted. USCIS will issue an I-131 but if he leaves the country and has more than 180 out-of-status days, the border authorities will not honour the AP and will deny him re-entry, plus give him a 3 year ban. If he has less than 180 days out of status they shouldn't issue a ban, but they may give him a hard time questioning why he was out of status.

Hi, Im really confused. My husbands I-94 stated its expiration on NOV 11. We are planning to travel in May aqnd his I131 should arrive late april. are you telling em we shouldnt travel. you kind of confused me. sorry

No, you're fine to travel. She was just telling you that if he had been out of status for 180 days then he shouldn't travel. You have nothing to worry about.

time line would indicate the accrued overstay is in the neighborhood of 45-75 days

Could you explain to me regarding the timeline you spoke about. im confused

In your profile you have entered your timeline information. Payxibka is just stating that your timeline indicates that your husband is not in danger of being refused re-entry based on the 180 day overstay.

n/m. I see payzibka responded while I was posting.

[Krikit 1,164]

Moving to the Travel Forum.

[MGG032589 0]

Could you explain to me regarding the timeline you spoke about. im confused

You VJ timeline indicates alien US entry on 08/13/08... 90 days authorized stay ended on or about 11/11/08. With no AOS application pending, overstay days began to accrue. You mentioned AOS application in January (but not what day in January). From 11/11/08 to 1/1/09 is about 50 days. Add the number of days from 1/1/09 until acceptance of the I-485 will add additional overstay days. For example, if you submitted on 1/15/09 then the total accrued would be 65 days (50 days from 11/11 to 1/1 plus 15 more days in January). This number needs to be below 180 before a "ban" on re-entry would be triggered if the alien departed. If a re-entry ban is triggered then AP (I-512L) will not get him back in to the USA, rendering the AP document effectively unusable for your situation.

well we filed on January 17, 2009. so i guess we are fine because that would make it 67 days, correct? just want to be sure... thanks for explaining