Form I-131 - Application for Travel Documents

[Mydy 80]

Hi all!

Need your help on this.

Part 3 of the Form I-131 needs the Date of Intended Departure. Should I put any date? I would only leave when there is a family emergency and of course I wouldn't know when (God forbid, hopefully there is no emergency).

Part 4, if I write down "Humanitarian Purposes" I wouldn't have any documents to provide USCIS showing any family with serious illnesses.

Thanks in advance!

[ch3john 308]

Click "example forms" tab at the top of the page. You can leave Part 4 blank. For Part 3 you can probably fill in any date four months from now even if that's not your intended travel date.

[newacct 688]

Hi all!

Need your help on this.

Part 3 of the Form I-131 needs the Date of Intended Departure. Should I put any date? I would only leave when there is a family emergency and of course I wouldn't know when (God forbid, hopefully there is no emergency).

Just put "unknown" for those.

Part 4, if I write down "Humanitarian Purposes" I wouldn't have any documents to provide USCIS showing any family with serious illnesses.

You should not get to Part 4 when applying for non-DACA AP. The form says to skip from Part 3 #3 to Part 7.

[Mydy 80]

Got it.

Thanks all!

[Hank_ 9,174]

Hi all!

Need your help on this.

Part 3 of the Form I-131 needs the Date of Intended Departure. Should I put any date? I would only leave when there is a family emergency and of course I wouldn't know when (God forbid, hopefully there is no emergency).

Part 4, if I write down "Humanitarian Purposes" I wouldn't have any documents to provide USCIS showing any family with serious illnesses.

Thanks in advance!

Part 3 - leave date blank.

After Part 3, section 4a (no), skip down to Part 7, in fact I would skip most of Part 7 also and go to Part 8

Skip that part

Edited February 17, 2016 by Hank_

[Mydy 80]

Thanks all! Done filling out the form

I am trying to edit the title of this post but I guess I cant. I wanted to ask about form I-864 too. Under Part 3 of the Affidavit of Support, since we will be doing my AOS first (as advised by USCIS), should we cross Nos.1&2 and write down my son's name in Family Member 1?

Thanks in advance again!

[newacct 688]

Thanks all! Done filling out the form

I am trying to edit the title of this post but I guess I cant. I wanted to ask about form I-864 too. Under Part 3 of the Affidavit of Support, since we will be doing my AOS first (as advised by USCIS), should we cross Nos.1&2 and write down my son's name in Family Member 1?

Thanks in advance again!

You should file both AOS's together. And yes, the son is family member 1.

[Mydy 80]

You should file both AOS's together. And yes, the son is family member 1.

Hi! The reason why USCIS local office (Guam) advised to do my AOS first is because my son turned 21 years old, 4 days after I got married. We went to the local office for guidance and they have mentioned that this is their first time to encounter such situation here in Guam.

They have mentioned the "Matter of Le" but they need to check with USCIS mainland office and said they will call me back if there is a response. Well, it has been 3 weeks and I never heard from them yet. They don't recommend sending my son's AOS together with mine as it might be denied just because he aged out. By the way, we arrived here in Guam last January 12 this year. He turned 21 on January 25th.

They told me to do my AOS first, and when I get my green card, that is the time I can do concurrent filing (I-130 and I-485) for my son. They said that he should be fine since he entered US legally. Still, it is making me worried big time.

[newacct 688]

Hi! The reason why USCIS local office (Guam) advised to do my AOS first is because my son turned 21 years old, 4 days after I got married. We went to the local office for guidance and they have mentioned that this is their first time to encounter such situation here in Guam.

They have mentioned the "Matter of Le" but they need to check with USCIS mainland office and said they will call me back if there is a response. Well, it has been 3 weeks and I never heard from them yet. They don't recommend sending my son's AOS together with mine as it might be denied just because he aged out. By the way, we arrived here in Guam last January 12 this year. He turned 21 on January 25th.

They told me to do my AOS first, and when I get my green card, that is the time I can do concurrent filing (I-130 and I-485) for my son. They said that he should be fine since he entered US legally. Still, it is making me worried big time.

I am aware of this from reading your other thread. I don't think it makes sense to wait for some person's response, because this is not an issue that is up to a USCIS officer to arbitrarily decide. It is a matter of law and regulations that are binding on USCIS. The USCIS officer (which may not be the same person they are asking) will adjudicate it according to the regulations, and if they deny it incorrectly, you will appeal it until it is correct. So no matter what some person from the "mainland office" says, the action you should take will be the same -- file AOS for him. There is no alternative.

[Hank_ 9,174]

You should file both AOS's together. And yes, the son is family member 1.

There is another topic (longer) regarding this, lots of issues.

Thanks all! Done filling out the form

I am trying to edit the title of this post but I guess I cant. I wanted to ask about form I-864 too. Under Part 3 of the Affidavit of Support, since we will be doing my AOS first (as advised by USCIS), should we cross Nos.1&2 and write down my son's name in Family Member 1?

Thanks in advance again!

You could simply start a new topic

As for Part 3, the way I read it; 1 would be YES and 2 is checked also (as it states "within 6 months", and the both were listed on the same petition)

[Mydy 80]

THanks all!

[Greenbaum 12,259]

Here is a great article about aging out for an AOS for a child aged 21. I had this concern also but my stepdaughter was only a year away when we filed for her AOS so it was not an issue. For you, from what I read, it's not going to be an issue. I'd file both together.

http://blog.mikebake...ligibility.html

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the INA is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. Matter of Le, 25 I&N Dec. 541 (BIA 2011)

* The link to the case appears to be broken now - found it by Googling - http://www.justice.g.../07/25/3719.pdf


So your son should remain eligible based on your K-1 eligibility since he entered the U.S. before he turned 21.

From http://www.visajourney.com/forums/topic/582074-we-are-finally-in-guam/page-2

Edited February 25, 2016 by Greenbaum

[Pitaya 2,577]

~Moved from Phil. Regional Forum to Fam.-based AOS Forum~

~Inquiry about AOS-related process, not country-specific~

[KayDeeCee 4,896]

The USCIS has not updated their sites and information, but there indeed was a BIA ruling years ago. The K-2 does not 'age-out'. File for the K-2 AOS at the same time as the K-1. No I-130 needed. Include a copy of the Matter of Le BIA ruling and point out that the K-2 is still eligible to AOS, even though they turned 21. This may help if whatever adjudicator happens to receive your case is not aware of the old ruling that USCIS is not updating about.

The BIA ruling in 2011, Matter of Le > http://www.legalactioncenter.org/sites/default/files/docs/lac/Matter-of-Le-Decision-6-23-2011.pdf


As long as a K-2 entered the US before turning 21 and the K-1 parent married the I-129F petitioner within 90 days of entry, then they are eligible for AOS and do not age out.

A K-2 does not need to be under 18 when the K-1 parent's marriage takes place. The K-2 just has to receive the K-2 visa and enter the US with it before turning 21, and the K-1 parent must marry within 90 days of enter with their K-1. That is all it takes for a K-2 to be eligible to adjust status.

USCIS Q&A from 2012. The USCIS is slow in providing updated info and guidance on new laws/rulings, but at least it was mentioned here > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf

You can find several articles and lawyer sites discussing the ruling if you Google something like "K-2 age out'.

And this is from 2015 and proves that USCIS is slower than a weighted down turtle traveling through a molasses ridden tar pit. They have drafted the guidance, but the internal review is lasting for years. What a load of lazy BS >

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/PED-Field_Ops_Agenda_October_2015_Cleared.pdf

K-1 Matter of Sesay and Matter of Le Guidance
7) During our liaison meeting on March 21, 2012, USCIS stated that it had drafted guidance related to Matter of Sesay, 25 I&N Dec. 431 (BIA 2011) and Matter of Le, 25 I&N Dec. 541 (BIA 2011) and that the guidance would be issued soon after the completion of an internal review.8 Please provide an update on the status this guidance.

USCIS Response: USCIS has draft guidance related to Matter of Le and Matter of Sesay. This guidance is currently undergoing internal review.

Edited February 25, 2016 by KayDeeCee