Is I-131 needed for married K-1 holder?

[ggourde 0]

My wife came on a K-1 Visa 10/16/2012 and we got married last week. We were told that we should apply for my wife's I-131 when we apply for her I-485. I am reading the instructions for the I-131 and came across this:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-l, temporary worker, orH-4, spouse or child of

anH-1; or

2. An L-l, intracompany transferee, or L-2, spouse or

child ofanL-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent

resident; and

B. Form 1-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

We are not planning on going anywhere for several months. Since she came on a K-1 visa, does she really need to file a I-131?

Once her I-485 becomes pending will she really be able to travel abroad with needing a I-131 or other document?

[Penguin_ie 5,997]

** Moving from ROC to AOS from Family Visa forum ****

[didopage 337]

Your wife came on a K1, not K-3 (spouse visa).

If she wants to travel while her AOS is pending, she will need the AP (Advance Parole = I-131). You may not have plans to travel for now, but there may be an emergency (sick relatives, ...).

It is a good idea to file for AP (I-131), as it is free when you file with the AOS. Same as the EAD (I-765, temporary work authorization). Both will be approved in 2-3 months (it will be a combo-card), will be valid for a year. The AOS application may take a long time before being approved (up to a year). Having a temporary work and travel authorization is a good back-up, and will allow your wife to not feel stuck if something comes up.

Edited November 20, 2012 by didopage