traveling during AOS Filing

[bnidel 0]

Hello,

my wife is currently on an H1B visa working in the us. i am starting the process to file an I-130 form as well as an I-485 assignment of status. We are leaving the country on vacation and i am worried that if we submit the I-130 and I-485, we will have trouble getting back into the country. Do i need to file an I-131 advanced parole form at the same time as filing the other forms? Will that enable her to travel in and out of the country while the I-130 and I-485 are in process? Or, since she is currently on an H1B visa, is this irrelevant?

Also, after we return (sept 10th) to the country, she plans on leaving her job, therefore removing the H1B visa (I think?). We will file for a work authorization so that when recieved (im told within 90 days), she can work again. During that time, im also unsure about traveling outside and then back to the us.

Any help would be most appreciated.

Brett

[NikLR 13,231]

You will need to file for an obtain Advance Parole before travelling abroad or risk not being able to return. If you did leave without AP you would have to file to proceed onto the IR1/CR1 visa path with a new I-130. Your wife would have to live and interview abroad. I highly suggest waiting for the AP to come in before any travel outside the USA!

[bnidel 0]

I see forms for I-131 say i need to submit a paper stating the reason for leave. Then i see people comment that you can leave the reason, dates...etc blank and be accepted. Is this true? Can i leave the date and reason blank and still be granted advanced parole?

Thank you,

BN

[newacct 688]

I see forms for I-131 say i need to submit a paper stating the reason for leave. Then i see people comment that you can leave the reason, dates...etc blank and be accepted. Is this true? Can i leave the date and reason blank and still be granted advanced parole?

Thank you,

BN

You can put Unknown for the dates, and there is nothing that asks you for the reason.