Are the following forms required? I-131, I-765, I-751

[Orticelli 0]

I am an US Citizen, my wife is Brazilian. She came to USA with a L1B visa in June 2013, which recently got renewed until March 2017. We got marry and live in Texas for over two years (married July 5th, 2013).

We will be filling out the I-130 & I-485 together, along with the supporting I-693 and I-864.

My question is this: Due to her entry and current L1B visa, do we need to fill out the following forms?

I-131, I-765, I-751

Thank you very much

-Bruno

[Starkilla09 366]

She should apply for I-765 and I-131 since they're free when you file your I-485 and I-130 together. Besides this new EAD she'll get will be non-restrictive. The AP will allow her to travel while her adjustment of status petition is pending so as not to be considered abandoned. The I-751 is not applicable to her at this point since it is for those with a 2 year conditional green card to remove conditions. She won't be on this category even when she gets her green card since you guys are already married for more than 2 years by the time she gets approved for residency giving her a 10 year card instead.

[Orticelli 0]

Thank you Starkilla, you make a good point. Since it is free and will giver her more employment flexibility.

With her L1B, what form should she do for the I-131: Advance Parole or Re-Entry?

[Hypnos 6,578]

An L-1 visa holder does not require AP to be able to travel internationally without abandoning their AoS application. That being said, since it's free then you should probably apply for it, since you can just not use it. You would only need it if something happened to her L-1 status prior to her I-485 being adjudicated.

You would be applying for Advance Parole on the I-131; a re-entry permit is only applicable to permanent residents, which your wife is not yet.

[Orticelli 0]

Thank you for the help. I am currently filling out I-765 but having difficulty wth Question 16. Eligibility Category.

Can someone confirm what I should use. Our situation is: I am a US Citizen, my wife came to USA with a L1B visa in June 2013, which recently got renewed until March 2017. We got marry and live in Texas for over two years (married July 5th, 2013).

Thank you.

[Starkilla09 366]

Thank you for the help. I am currently filling out I-765 but having difficulty wth Question 16. Eligibility Category.

Can someone confirm what I should use. Our situation is: I am a US Citizen, my wife came to USA with a L1B visa in June 2013, which recently got renewed until March 2017. We got marry and live in Texas for over two years (married July 5th, 2013).

Thank you.

Your wife will be applying under a new category as an adjustment of status applicant which is category C9. She'll be selecting the option "permission to accept employment" and NOT "renewal" since this is a totally different category.