Travel Document - I131

[cbridges 0]

Hi guys,

We are putting together our AOS documents and we are confused by the I-131 document. I am pretty sure I would want to leave the USA in the 2 year time period of being an illegal alien but I don't have a set date or destination or travel plans yet the form asks for this exact information.

My question is can the I-131 be submitted at a later date within the 2 year period when I know my travel plans and be left out of my AOS documents that I will be submitting within the next day or 2? If so, would this delay anything with my AOS application, would there be any complications or limitations or anything.

Thank you

Colin

[pRetTy_aNgeL 1]

I had no plans this year but will had plans soon. I type on the date of departure "to be determined" and length of trip is less than two weeks or a week.

You can include it with AOS or apply it later when you had plans to go back to PI.

Edited April 13, 2009 by pRetTy_aNgeL

[Slightly Bonkers 0]

I am pretty sure I would want to leave the USA in the 2 year time period of being an illegal alien

I'm a little confused about this statement. As a person who arrived on a K1 you will have a period of status 'ambiguity' but you'd have to be very unlucky not to get your Green Card within 2 years (it can happen, but usually is within 6 months). Once you get your Green Card, you are a legal permanent resident. You can work and travel with no (or very few) restrictions.

As for the I131 you can, as the previous poster said, just write, To Be Decided in the space for trip details.

[English Muffin 59]

Hi guys,

We are putting together our AOS documents and we are confused by the I-131 document. I am pretty sure I would want to leave the USA in the 2 year time period of being an illegal alien but I don't have a set date or destination or travel plans yet the form asks for this exact information.

My question is can the I-131 be submitted at a later date within the 2 year period when I know my travel plans and be left out of my AOS documents that I will be submitting within the next day or 2? If so, would this delay anything with my AOS application, would there be any complications or limitations or anything.

Thank you

Colin

I don't get the highlighted part. Who is an illegal alien?

[Cuchita 1]

I think my personal problems are not letting me uderstand this question.

[Kathryn41 3,205]

If you arrived on a K-1 you have a valid status in the US for the 90 days of your I-94 vallidity as K-1 visa holder.

When you apply to adjust your status to an immigrant (AOS) your status changes to become 'AOS applicant' when your application is accepted. If you applied while your I-94 was still valid you have no 'out-of-status' days.

Your status remains 'AOS applicant" until your AOS is approved at which time you become 'Permanent Resident'. Since the permanent resident status is based upon marriage, the time period of the status is considered conditional for two years after which time you need to remove the condition so you can get a full 10 year green card. You are still a permanent resident, however, with full legal status in the US.

So, the only time you would be considered an 'illegal' alien is when you have no status - ie, your K-1 I-94 expired and you did not apply for AOS while it was valid you would be considered illegally present between the time the I-94 expired and the AOS was accepted. Waiting for an approval of an application that you have filed does not make you illegal - having no application in the works and having no status in the US does.

Also, while AOS processing may take up to two years (mine took over 22 months), it is usually granted within 6 months so you should have your green card soon.

As long as you don't have 180 or more out-of-status days you should be able to travel using the AP (I-131) during the time you are an AOS applicant. Once you get your green card (2 year or 10 year) you don't need the AP and can travel using the green card itself.

Edited April 13, 2009 by Kathryn41