I-131 Questions

[Lux44 15]

Hi everyone,

So we are filing the AoS and the 131 so my wife can go back to Italy for a week to see her family and her niece who will be born around January 1st.

Regarding the 131 are we applying as a re-entry permit, or advance parole?

Also, after she receives the temporary permanent residence in approximately 2-4 months, will she be free to travel outside the U.S. for short periods of time (vacations) without needing additional 131s?

Also, if the temporary permanent residence card allows her to travel and she will receive it within 2-4 months on average. Is it really necessary to pay the money for the 131 and receive it?

Thanks in advance for your help!

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Forum~

~I-131 inquiry, past k-1~

[h13rma 35]

Kind of confused by this.

I 131is advance parole, this allows you to leave the country without USCIS thinking you have abandoned AOS. Its not a re-entry permit, and it doesn't guarantee that you will be readmitted into the country, but as long as you haven't done anything wrong should be okay.

Conditional green card lets you back in no problem, but its not certain how long anyones process will be, RFE's and other things can slow it down.

There is no additional fee for the I-131

Edited November 22, 2013 by h13rma

[Lynkali 163]

Hi everyone,

So we are filing the AoS and the 131 so my wife can go back to Italy for a week to see her family and her niece who will be born around January 1st.

Regarding the 131 are we applying as a re-entry permit, or advance parole?

Also, after she receives the temporary permanent residence in approximately 2-4 months, will she be free to travel outside the U.S. for short periods of time (vacations) without needing additional 131s?

Also, if the temporary permanent residence card allows her to travel and she will receive it within 2-4 months on average. Is it really necessary to pay the money for the 131 and receive it?

Thanks in advance for your help!

I'm not sure where you're getting the idea of a "temporary permanent residence" in 2-4 months since there really isn't such a thing? If you file for AOS from K-1 you will receive conditional permanent residence, but it will almost definitely take longer than 2-3 months -- I think 4 months is the absolute minimum for that, and many take 6-10 months until card is received. The I-131 you are filing is to get Advance Parole (which takes 2-3 months itself), which will allow you to travel UNTIL you get your greencard many months later. If you want to travel on January 1st, I'm sorry to say, I think you've waited too long to file -- I'd expect more of a mid-February travel authorization.

We just filed AOS with AP and EAD, so if I'm wrong on my time estimations, please correct me -- but I'm not expecting the AP/EAD until February and the LPR status for many months later. I'd love to be wrong but I don't think I am!

[Lainie B 465]

Hi everyone,

So we are filing the AoS and the 131 so my wife can go back to Italy for a week to see her family and her niece who will be born around January 1st.

Regarding the 131 are we applying as a re-entry permit, or advance parole?

Also, after she receives the temporary permanent residence in approximately 2-4 months, will she be free to travel outside the U.S. for short periods of time (vacations) without needing additional 131s?

Also, if the temporary permanent residence card allows her to travel and she will receive it within 2-4 months on average. Is it really necessary to pay the money for the 131 and receive it?

Thanks in advance for your help!

You are applying for AP with the I-131. And it is free when submitted with the I-485.

I don't know where you got the idea that the green card takes 2-4 months on average. If you are lucky it might take that, but lately people are waiting up to 12 months. If she doesn't apply for the AP at the same time she could be stuck in the US for a very long time.

Also don't forget to apply for the EAD (1-765). This is also free.

[Hypnos 6,578]

AoS from K-1 routinely takes around a year for interview waivers, and about six months for interview cases.

Edited November 22, 2013 by Hypnos