I-131 instructions

[Philiran 0]

So we're about to file our AOS (yay - our Marriage Certificates finally came in the mail!) and were wondering whether we need an I-131. Is the purpose of the I-131 for K-1s who do not yet have a GC or does one need one if my husband gets his GC? I thought all LPRs are allowed to travel abroad once they have their GC - am I missing something?

We'd like to go to Iran to meet his family (they haven't met me yet) but don't know when exactly. Kindly advise!

[marriedtomrg 141]

Your husband can travel any time...the problem would occur when he tries to return to the US.

AP is needed so that in case your non-USC spouse decides to travel out of the US, he can re-enter the country while the GC is in process; otherwise, if he leaves the country without AP, his GC application will be considered abandoned, and you will have to re-petition him by filing an I-130 so he can get a CR1 visa.

So if you are planning a trip outside the US to meet his family, either wait for the AP (which he can receive within 2 months after completing biometrics) or wait for the GC to be issued (which, as you know, takes 4 months on the average to process from the time USCIS receives the application).

So we're about to file our AOS (yay - our Marriage Certificates finally came in the mail!) and were wondering whether we need an I-131. Is the purpose of the I-131 for K-1s who do not yet have a GC or does one need one if my husband gets his GC? I thought all LPRs are allowed to travel abroad once they have their GC - am I missing something?

We'd like to go to Iran to meet his family (they haven't met me yet) but don't know when exactly. Kindly advise!

[Philiran 0]

Great thanks for the clarification! We'll go ahead and file it for the spring/summer:) Hopefully his GC will come by then! When his GC comes, he can travel freely without any hassles, right?

[Nich-Nick 3,354]

Great thanks for the clarification! We'll go ahead and file it for the spring/summer:) Hopefully his GC will come by then! When his GC comes, he can travel freely without any hassles, right?

Filing for Advance Parole I-131 is FREE if you send it with AOS so just do it. What if one of his parents got sick or died unexpectantly? Would he want to return home immediately or wait for his greencard in four months? What if his greencard took 6 or 7 months? If he had to go back for any unexpected emergency, he stays abroad until you start the whole petition process over again and pay again and wait again.

[Philiran 0]

We will - thanks!