I131 Part 5 Time What should I put..?

[walran 24]

I am a little confused here as I don't think my wife is a permanent resident yet as she arrived on a K-1 in April and we got married and are now adjusting status.

In part 5 it says "Since becoming a permanent resident of the United States (or during the last 5 years, whichever is less) how much total time have you spent outside the United States?"

I would assume that since she came from Nepal it would be "more than 4 years" rather than "less than 6 months" as she has only been here since April.

Do they think that a K-1 is a permanent resident?..

[EM_Vandaveer 2,408]

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Edited August 28, 2016 by EM_Vandaveer

[Ebunoluwa 6,136]

You don't check it, she is not a PR and is not applying for re entry.

[KayDeeCee 4,893]

You do not fill out Part 5. She is filing for AP(Advance Parole), not a re-entry permit.

On the form itself, at the bottom of page of 2 it states this : If you are applying for a non-DACA related Advance Parole Document, skip to Part 7

[walran 24]

You do not fill out Part 5. She is filing for AP(Advance Parole), not a re-entry permit.

On the form itself, at the bottom of page of 2 it states this : If you are applying for a non-DACA related Advance Parole Document, skip to Part 7

Except I think I am filing for a re-entry permit?? She wants to leave the US and return prior to being granted a green card..? So confusing to me I just put and addendum there explaining my rationale and sent it in. We'll see how that works.

[Ebunoluwa 6,136]

Except I think I am filing for a re-entry permit?? She wants to leave the US and return prior to being granted a green card..? So confusing to me I just put and addendum there explaining my rationale and sent it in. We'll see how that works.

A reentry permit is a permission from U.S. Citizenship and Immigration Service (USCIS) to a U.S. lawful permanent resident (LPR) or a conditional permanent resident to reenter the U.S. after an extended period of stay abroad.

Though she wants to travel and re enter with a pending AOS, she is not a permanent resident applying for re entry, she is applying

for Advanced Parole.

There are example forms on VJ and members here told you the correct way to fill it out.

If you still have doubts then do some research googling. You are making it harder than it is.

https://en.wikipedia.org/wiki/U.S._Re-entry_Permit

[KayDeeCee 4,893]

Except I think I am filing for a re-entry permit?? She wants to leave the US and return prior to being granted a green card..? So confusing to me I just put and addendum there explaining my rationale and sent it in. We'll see how that works.

You were told she is not filing for a re-entry permit. She is filing for Advance Parole. Ebunoluwa and I were not incorrect, and were trying to give you the correct information you needed.

She is not a permanent resident(green card holder) yet. They are the ones that would file for a re-entry permit if needed.

Read > https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

• Advance Parole
• Refugee Travel Document
• Re-Entry Permit

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Re-entry Permit

A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more.

And directly from the I-131 form instructions > https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

1. Reentry Permit

A Reentry Permit allows a lawful permanent resident or conditional permanent resident to apply for admission to the

United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate.

...

3. Advance Parole Document for Individuals Who Are Currently in the United States

Parole allows an alien to physically enter into the United States for a specific purpose. An individual who has been

“paroled” has not been admitted to the United States and remains an “applicant for admission” even while paroled.

DHS, as a matter of discretion, may issue an Advance Parole Document to authorize an alien to appear at a port-ofentry

to seek parole into the United States. The document may be accepted by a transportation company in lieu of a

visa as an authorization for the holder to travel to the United States. An Advance Parole Document is not issued to

serve in place of any required passport.

...

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful

permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining

an Advance Parole Document.