AOS travling (I-131) and conditional status

[AlexDang 0]

Question:

Once AOS I-485 is approved and passed the interview, you get the conditional residency and then you file another form to remove the "conditional term" during 90 days prior to 2 years of anniversary.

What's the restriction of this "conditional" term? Is that you just have to stay married? Is there any restriction of traveling outside of U.S and come back?

Form I-131 seems to be used for international traveling while your AOS I-485 is pending, but assume that I don't plan to go outside of U.S within 4-6 months (I-485 approval time), then I don't need to file I-131. I can go as soon as I get the conditional residency status from I-485 AOS approval, right?

Thanks

[VanessaTony 3,567]

Umm.. to be honest I think the only condition is "bonafide marriage". You CAN remove conditions after divorce as long as you can prove the marriage was entered into in good faith.

There are NO travelling restrictions except the standard "can't be out of the country for more than 12 months at a time" otherwise you abandon LPR.

The I-131 (AP, Advanced Parole) IS for international travel but like the EAD (I-765) the fee is waived when applying for AOS at the same time. So most people apply for all in case the process takes too long. The EAD allows you to work, and the AP allows you to leave (well actually, you can LEAVE whenever you want, they just won't let you back in without a visa, GC or AP and you'll have abandoned your AOS case) in case of emergency.

Also, SOME people HAVE been waiting longer than a year for their GC. No idea why, maybe RFE's or something BUT in my personal opinion, filing an extra (and free) document so that you CAN work, or you CAN leave just in case is totally worth it. Up to you though

Edited February 10, 2010 by Vanessa&Tony

[v333k 59]

Question:

Once AOS I-485 is approved and passed the interview, you get the conditional residency and then you file another form to remove the "conditional term" during 90 days prior to 2 years of anniversary.

What's the restriction of this "conditional" term? Is that you just have to stay married? Is there any restriction of traveling outside of U.S and come back?

Form I-131 seems to be used for international traveling while your AOS I-485 is pending, but assume that I don't plan to go outside of U.S within 4-6 months (I-485 approval time), then I don't need to file I-131. I can go as soon as I get the conditional residency status from I-485 AOS approval, right?

Thanks

Conditional - this means that you are granted a GC for 2 years and your are placed under a conditional category. As you mentioned, you will have to apply for removal of conditions based on a marriage. This is to avoid marriage for immigration purposes. At the 2 year anniversary, or 90 days prior, you will have to submit enough evidence to establish good-faith marraige. This means you need to submit evidence of your relationship in taxes, bills, credit cards, bank accounts, pictures, insurance, etc... and they will then approve you for a LPR and your 10-year GC. The conditional doesn't mean anything different than a LPR (except for the duration).

If you get divorced, then you need to provide evidence that your marriage was entered in good-faith but didn't last. There will be more evidence required. If you submit after getting divorced, then you can apply ROC under a waiver. You will be using the same for I-751 but will check specific boxes on the form that indicate a waiver.

As for travel, no, there are no restrictions except for the continuous residency which applies to ALL GC holders. If you leave for periods longer than 6 months, then you have not fulfilled your continuous residency requirement. If you do that a lot, then you may have trouble renewing your GC but it will also affect when you can apply for citizenship.

If you have a valid passport from your home country, then you don't need to apply for Travel Document unless you plan to leave for periods longer than 6 months.

Once you are approved, then you are a legal permanent resident and you do not need AP.

hope this clears things up for you

Edited February 16, 2010 by v333k