To I-131 or not I-131?

[Jon in RC 6]

In the process of waiting for the NVC Case Number and Invoice Number.

I am aware that the beneficiary can file I-765 (EAD) concurrently with AOS I-485. I-131 are also filed for the beneficiaries that reside in the U.S. (advance parole) so they can leave the country while their visa adjusted.

For beneficiaries going through the consular process (outside of U.S.), can an I-131 be filed with I-485 concurrently to get the re-entry endorsement? In Form I-131, Part 1, 6, there is no option to select IR-1 or CR-1. Wife might need to leave the U.S. for six months after obtaining green card shortly to take care of her ailing father.

[Hypnos 6,576]

No, it's not needed.

Upon entry, an immigrant visa is endorsed by CBP and this endorsed visa is itself temporary proof of a green card and can be used for travel and work purposes, if desired. Someone could enter the US on an immigrant visa then turn around and leave the same day if they wished, since they can present that endorsed visa to CBP for future entry.

Edited January 17, 2014 by Hypnos

[NikLR 13,227]

You do not adjust status with the IR1/CR1 visa so none of what you've mentioned is needed.

Upon arrival to the USA the visa is endorsed and becomes a temporary green card (until the actual one arrives.) The beneficiary is now a legal permanent resident so they can travel in and out of the USA and work.

[Darnell 8,478]

Consular processing not include the I-485 at all, so the I-131 for AP not needed.

I assume you are chasing a CR-1 or an IR-1 visa for your spouse - when she hits USA soil, the VISA is stamped with an endorsement stamp, and that turns the 'thing' into a temporary I-551 document, a green card with a 1 year duration. She could turn around, leave USA same day, with that stamp, be gone for up to 6 months without any problems.

(realized I'm echo-ing NLR here - yay NLR ! )