Help on the I-131 form

[nikkioooo 0]

Hey there,

My husband and I are sending in all of our paperwork but we are pretty confused on the I-131 form. He came here on a J1 visa, we got married a month ago spontaneously. We talked to someone from USCIS who said we needed to fill out the following forms: I-130, I-765, I-485, I-864, I-693 and then the I-131. We honestly can't see why we would have to fill out the I-131 since he's not leaving and it asks for 'date of intended departure' and so forth. Anyways, very confused and some help would be much appreciated! Also if you have any suggestions of what to file with all these forms besides whats qualified I'd love to here since we don't have the money for an attorney.

Thanks so much!

[Inky 1,111]

This is posted in the wrong section it should be posted in adjustment from visitor student work section.

You need to follow the guides. http://www.visajourney.com/content/i130guide2

[ZedbraGuy 6]

The I-131 you don't need, but it doesn't cost any money to file it with the I-485 so you may as well. I filled mine and as I dont intend leaving didnt have any dates or anything to put on it, but apparently they usually always approve them, so just in case.

[Little_My 464]

Personally, I think it's always a good idea to file the I-131 even if you think there's no need for it (except if the beneficiary has overstayed a non-immigrant visa - in that case the I-131 is useless).

The I-131 (or more precisely the AP document) gives the beneficiary permission to travel internationally while the AOS is pending. Without it, your husband cannot leave the US until he has been issued his greencard. Though on average this process from start to finish takes roughly 5 months, it can take much longer - there are a few couples hanging around the AOS from tourist, work and student visa forum who've had a pending AOS for over a year. There's always a chance of something unexpected happening in your husband's home country (family emergency, for example) that would require him to go back there for a visit. Without the AP, he can't leave without abandoning his AOS.

The AP is free, and the form is 1 page. Also, if you apply for the EAD, it will now be one card - the EAD functions as the AP as well, if you filed the I-131.

Edited September 21, 2011 by Little_My