Do I need Advance Parole?

[shucks 1]

I am in the USA on a K1 visa, we got married at the end of January and I'm finishing up the paperwork for my adjustment of status now. What is Advanced Parole (Form 131)? Do I need this? I do not have any immediate plans for travel, however I don't want to be limited in the future to be able to travel to Canada to visit my family. The information I am finding online is heavy with legal jargon and I am having a hard time following it.

Anyone have any info/insight?

[Ryan H 3,834]

It doesn't cost anything to file for Advanced Parole so long as you do so at the time you file for AOS. I suggest filing for it so you can visit your family if you wish to do so but your AOS process is not yet complete.

[shucks 1]

Do I need to include a supplemental sheet explaining why I qualify for an issuance or where I am including it with my AOS is that redundant?

[Hypnos 6,578]

Simply by including it with your I-485 you make plain the eligibility that gives you reason to have it issued.

[Dashinka 24,803]

We chose not to file the AP with the 485 since at the time, I really didn't understand how to fill it out, we had no trips planned, and we wanted to get the AOS package in as soon as possible. In hindsight, I would have done it differently now, but we were lucky as my wife got her GC in a little over five months, so we would not have needed it. I would submit it since it is free and you can never tell how long it will take to adjudicate the AOS for the GC. There are plenty of topics and guides here that cover how to fill it out for the AOS.

Good Luck!

[Pitaya 2,577]

For assistance go to the "Example Forms" section, easily accessible at the top of the forum page. Additionally, this is a frequent topic in the Working & Traveling During US Immigration Forum.

Good luck on your immigration journey.

[KayDeeCee 4,896]

It doesn't cost anything to file for Advanced Parole so long as you do so at the time you file for AOS. I suggest filing for it so you can visit your family if you wish to do so but your AOS process is not yet complete.

You don't have to file at the same time in order for the fees to be waived. The fees are waived as long as you have a pending I-485, so the EAD and AP can be filed at the same time, or after filing for AOS.

Do I need to include a supplemental sheet explaining why I qualify for an issuance or where I am including it with my AOS is that redundant?

No explanation or reason is needed when filing the I-131 with a pending I-485 as an adjustment applicant.

Edited February 24, 2016 by KayDeeCee

[caliliving 606]

i didnt apply for it.. i wanted to just get my EAD and work and move on with my life in america lol i would check and see what GC processing times are.. most places is 4-5 months.. so if you are ok waiting here for that i wouldnt do it. if you have plans and want to travel then apply.

[B-2-Z 37]

It's free to apply for while your AOS is pending. It's better to apply and have it for emergencies, then to need it and not have it. If something happened and it was over a weekend, there'd be no way to get emergency AP. If you leave the country without it you have to refile from outside the US. It's a free form that gives great peace of mind.

You can put down "unknown" for travel dates, and "in case of emergency" that's what I did. Like you were told above, there are examples in the guides, it's very easy to fill out. I tend to read the guides and examples on VJ instead of looking online. It's an easy way to skip the confusion.

[Zedayn 485]

I am in the USA on a K1 visa, we got married at the end of January and I'm finishing up the paperwork for my adjustment of status now. What is Advanced Parole (Form 131)? Do I need this? I do not have any immediate plans for travel, however I don't want to be limited in the future to be able to travel to Canada to visit my family. The information I am finding online is heavy with legal jargon and I am having a hard time following it.

Anyone have any info/insight?

If you don't want to be limited in your ability to travel back to Canada while your AOS is still being processed, then YES you need to file for Advanced Parole.

AP, just like EAD, is not a requirement. You don't have to file for either of these, however by not filing you are limiting yourself to what you are able to do in the meantime.

The I-131 Form can be confusing, as well as all the legal mumbo jumbo in the instructions. The best advice I can give is to follow the example form. You will only fill out parts 1, 2, half of 3 and 7. At the bottom of page 2 it tells you to skip to part 7.

No reason is needed to apply for AP. For expected travel dates and length of travel you can put UNKNOWN.

Do I need to include a supplemental sheet explaining why I qualify for an issuance or where I am including it with my AOS is that redundant?

You do not need a supplement because you do not need a reason for applying for the AP. That statement on part 7 asking you to include a supplement does not apply to you, because you are an adjustment applicant.

From the I-131 instructions, page 8:

If you are in the United States, you must attach:

1. A copy of any document issued to you by USCIS showing your present status, if any, in the United States; AND

2. An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; OR

3. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application; OR

4. If you are traveling..... OR

5. If USCIS has deferred...

Notice the use of the conditional OR. You have a choice to include either 2, 3, 4, or 5 depending on your situation. Including #2 is the supplement page they are asking for in part 7. You do not need it, because you are applying based on #3, adjustment applicant.

[shucks 1]

Thank you so much!! I found the wording for the AP to be a little awkward and I wanted to make sure I was doing everything properly and that I could actually use this document! thank you all so much for your help!