I-131 question

[Julie&Chris 1]

Hey again everyone!! So I am finally getting all my paperwork ready for my AOS application and I had a quick question about the I-131.

I do not plan on leaving the US so in Part 3 I put "Unknown"...

In Part 7, do I need to type up a paper explaining why I qualify etc?? I am on a K-1.

Thanks for any help

[didopage 337]

Hey again everyone!! So I am finally getting all my paperwork ready for my AOS application and I had a quick question about the I-131.

I do not plan on leaving the US so in Part 3 I put "Unknown"...

In Part 7, do I need to type up a paper explaining why I qualify etc?? I am on a K-1.

Thanks for any help

No need for it.

[ppihtr123 68]

Hey again everyone!! So I am finally getting all my paperwork ready for my AOS application and I had a quick question about the I-131.

I do not plan on leaving the US so in Part 3 I put "Unknown"...

In Part 7, do I need to type up a paper explaining why I qualify etc?? I am on a K-1.

Thanks for any help

When I went through the AOS (Filed 11/8/2012, approved 1/31/2013) we did not file for a 131 thinking it was only about a 90 day window from file to complete and we were right. Up to you.

On second thought. It looks like you have overstayed by your timeline so you probebly don't want to even risk travel before AOS completes. as you are not under any current visa to allow you back in the US and may get debarred for 3 years.

per http://travel.state.gov/visa/immigrants/types/types_2994.html

If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the U.S. either before or at the same time as any qualifying children holding K-2 visas.

With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Edited February 28, 2013 by ppihtr123

[Shounok 10]

Hey again everyone!! So I am finally getting all my paperwork ready for my AOS application and I had a quick question about the I-131.

I do not plan on leaving the US so in Part 3 I put "Unknown"...

In Part 7, do I need to type up a paper explaining why I qualify etc?? I am on a K-1.

Thanks for any help

I'm not going to vouch for you b-c you may or may not agree. But what I wrote in my form is "ASAP" and Expected Length of Trip - 20 days. I don't have any plans to leave U.S now but still I did. Some write "Unknown" and some write "TBA" now it's up to you.

In part 7, I have included a paper explaining my reasons and why I qualify, here's an example -

LAST NAME, FIRST NAME

Form I-131 Part # 7

I am entitled to an advance parole document because I have come to the United States on a K-1 non immigrant fiancé visa and married a U.S Citizen. As I have filled forms I-485 to adjust my status as a Permanent Resident so I hope I will be eligible to be an immigrant soon.

I have not been unlawfully present in the United States and married my fiancée with in 90 days of my entry. Hence, I am not subjected to any grounds of inadmissibility.

The circumstances that warrant my receiving of advance parole are as follows:

I am the only child of my parents and they reside in India and my father is XX years old so I miss him dearly and would like to visit my parents and spend some time with my family. Moreover, as I married my wife in the U.S so my family members could not come to the wedding due to monetary or visa problems, therefore I want to take my wife (U.S Citizen) with me so that we could have another wedding in the Indian way.

Thank you in advance for your professionalism and assistance in this matter.

Date:

Signed:

if you want to write a letter it's no harm b-c the more proof/papers the more strong your application is. On the contrary, many people don't submit any extra paper works but still they get their AP with out any problems. Now, you decide what is best for you.

Cheers.

Edited February 28, 2013 by Shounok

[HK12 273]

I also put "Unknown" on part 3.

As for part 7, I had the same question a couple of days ago, and this is the answer I got: http://www.visajourney.com/forums/topic/415600-form-i-131-part-7/page__p__5992179__fromsearch__1#entry5992179

So there is no need to attach an additional sheet.

Edited February 28, 2013 by HK12

[Julie&Chris 1]

Thank you for all the help guys! I should be sending my paperwork away next week Very excited

[KayDeeCee 4,893]

Hey again everyone!! So I am finally getting all my paperwork ready for my AOS application and I had a quick question about the I-131.

I do not plan on leaving the US so in Part 3 I put "Unknown"...

In Part 7, do I need to type up a paper explaining why I qualify etc?? I am on a K-1.

Thanks for any help

If your timeline is correct and you entered the US with your K-1 visa back in 2011, then do not use AP. You have more than 6 months(almost a year) of accrued overstay since your I-94 expired. That will result in an automatic ban when you leave the US. Again, if your timeline is correct, do not use AP. Wait for your green card or you could be denied entry when trying to enter again using the AP.

[newacct 688]

If your timeline is correct and you entered the US with your K-1 visa back in 2011, then do not use AP. You have more than 6 months(almost a year) of accrued overstay since your I-94 expired. That will result in an automatic ban when you leave the US. Again, if your timeline is correct, do not use AP. Wait for your green card or you could be denied entry when trying to enter again using the AP.

It should not be a problem since the Matter of Arrabally. The draft instructions for the I-131 (and thus likely the next version of the instructions) reflect this. I know that other members on this site disagree about this, so I guess the OP should take what I said with a grain of salt.

Edited March 2, 2013 by newacct

[KayDeeCee 4,893]

It should not be a problem since the Matter of Arrabally. The draft instructions for the I-131 (and thus likely the next version of the instructions) reflect this. I know that other members on this site disagree about this, so I guess the OP should take what I said with a grain of salt.

But this has not been implemented yet so no changes to the process, instructions, forms, field manuals, USCIS website info, etc. have been made. I would not advise anyone to travel with AP that has more than 180 days of overstay. To state 'it should not be a problem' seems like bad information at this point. 'Should not be a problem' may very well be a big problem of facing a 3 or 10 year ban in the reality of how the procedure and processes are currently laid out.

[newacct 688]

But this has not been implemented yet so no changes to the process, instructions, forms, field manuals, USCIS website info, etc. have been made. I would not advise anyone to travel with AP that has more than 180 days of overstay. To state 'it should not be a problem' seems like bad information at this point. 'Should not be a problem' may very well be a big problem of facing a 3 or 10 year ban in the reality of how the procedure and processes are currently laid out.

But it's not true that it has not been implemented. For example, lots of people under TPS and DACA, who have long periods of unlawful presence, have been able to leave the country and come back on AP; and the TPS people who came back on AP have been able to adjust status afterwards.

Edited March 2, 2013 by newacct

[KayDeeCee 4,893]

But it's not true that it has not been implemented. For example, lots of people under TPS and DACA, who have long periods of unlawful presence, have been able to leave the country and come back on AP; and the TPS people who came back on AP have been able to adjust status afterwards.

Well, if it were me personally, I would not take the risk and I would not easily advise anyone else to. The OP can read this exchange here in this thread and research on their own to make their own personal decision.

[Denver422 10]

If your timeline is correct and you entered the US with your K-1 visa back in 2011, then do not use AP. You have more than 6 months(almost a year) of accrued overstay since your I-94 expired. That will result in an automatic ban when you leave the US. Again, if your timeline is correct, do not use AP. Wait for your green card or you could be denied entry when trying to enter again using the AP.

I dont understand why re-entry would not be allowed if you have applied for AND recieved permission to do so from immigration. I thought that is what the purpose of the AP is for, because without it you certainly will be denied re-entry to the US. Can you please explain this further how you come to know this to be true? Its my understanding that as long as a K-1 married within the 90 day period that it is lawful to be here as long as it takes to file for AOS,work, and use AP ect... ect...thanks

Edited March 3, 2013 by Denver422

[KayDeeCee 4,893]

I dont understand why re-entry would not be allowed if you have applied for AND recieved permission to do so from immigration. I thought that is what the purpose of the AP is for, because without it you certainly will be denied re-entry to the US. Can you please explain this further how you come to know this to be true? Its my understanding that as long as a K-1 married within the 90 day period that it is lawful to be here as long as it takes to file for AOS,work, and use AP ect... ect...thanks

If you marry within the 90 days of arriving on a K-1, then you are eligible to adjust status. If you have not filed for AOS and your I-94 expires, you begin to accrue overstay. Being married to a USC grants no legal status in the US. There is no deadline to file for AOS, but you are out of status(unlawful presence) after the I-94 is expired. Filing for AOS puts you a period of authorized stay and stops overstay from accruing.

For example, if you wait a year to file for AOS and get AP, you will be subject to the automatic ban when leaving the US. It states this on the USCIS website and in the I-131 form instructions. USCIS will give the AP, but if you were subject to a ban, you may not be able to get back in the US using it. It would have made much more sense for the USCIS to deny AP for those subject to a ban, but no. They leave that up to you to know if you are able to use AP to re-enter the US or not. They just warn you that you may not be able to successfully do so. If you have less than 180 days of overstay, then you can leave and re-enter using AP. This only applies to those with over 180 days of overstay that will trigger the 3/10 year ban if they leave.

http://www.uscis.gov...000082ca60aRCRD

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

Read on Page 3 of the I-131 instructions: http://www.uscis.gov.../i-131instr.pdf

#3. A. Travel Warning Regarding Unlawful Presence

Edited March 3, 2013 by Jay-Kay

[Denver422 10]

If you marry within the 90 days of arriving on a K-1, then you are eligible to adjust status. If you have not filed for AOS and your I-94 expires, you begin to accrue overstay. Being married to a USC grants no legal status in the US. There is no deadline to file for AOS, but you are out of status(unlawful presence) after the I-94 is expired. Filing for AOS puts you a period of authorized stay and stops overstay from accruing.

For example, if you wait a year to file for AOS and get AP, you will be subject to the automatic ban when leaving the US. It states this on the USCIS website and in the I-131 form instructions. USCIS will give the AP, but if you were subject to a ban, you may not be able to get back in the US using it. It would have made much more sense for the USCIS to deny AP for those subject to a ban, but no. They leave that up to you to know if you are able to use AP to re-enter the US or not. They just warn you that you may not be able to successfully do so. If you have less than 180 days of overstay, then you can leave and re-enter using AP. This only applies to those with over 180 days of overstay that will trigger the 3/10 year ban if they leave.

http://www.uscis.gov...000082ca60aRCRD

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

Read on Page 3 of the I-131 instructions: http://www.uscis.gov.../i-131instr.pdf

#3. A. Travel Warning Regarding Unlawful Presence

Thank you for providing the info ! My goodness, your right. It makes no sense at all to issue an AP without making sure the applicant knows the dire consequences of using it in certain situations. WOW! I wonder how many unsuspecting people have had their hopes and dreams smashed by this actually happening because they were not forewarned. I mean can you imagine just going home to see your mother perhaps then thinking all is well when you return here, only to find out you are banned for up to 10 years ? That would be absolutely horrible heartbreak and emotional tragedy and injustice.

[Denver422 10]

Has there been any reported cases of this happening to any VJ members ??