Confused about I-131

[EnglishLove 112]

Okay, I was under the impression that when filing the AOS (I-485) for my K1 visa, if I filed the I-131, it allowed him to travel outside the US. His dad is old and has a lot of health issues so just in case something happened and he wanted to go see him, I was filling this out but then I read that once he gets his Green card, he can travel. I'm confused now. Also, is the I-765 for employment necessary if the he's allowed to work after the AOS goes through? How many did or didn't submit these two forms? 

[Hawksquill 151]

The EAD (which allows him to work) and the AP (which allows him to travel) are supposed to bridge the gap between when you apply for AOS and when you receive the green card, which allows him to both work and travel.

 

Processing of EAD and AP is intentionally designed to be faster than the GC processing.  The idea is that it's proof that he's applied for a green card, and is provisionally allowed to work and travel while he waits for the decision about the green card.  It could be over a year until he gets his green card, but hopefully only a matter of months until he gets the EAD/AP combo card. 

 

You should apply for all 3 at the same time, which means you don't have to pay the filing fees for EAD and AP, just the AOS filing fee plus one biometrics fee.  

[K1visaHopeful 2,878]

I131 allows reentry to the US and EAD allows employment while the I485 is processing. Both can take 3.5 to 5.5 months currently to be approved while I485 can take a few months to a few years to be approved. EAD and AP are for the interim.

[payxibka 10,047]

15 minutes ago, Pooley said:

Okay, I was under the impression that when filing the AOS (I-485) for my K1 visa, if I filed the I-131, it allowed him to travel outside the US. His dad is old and has a lot of health issues so just in case something happened and he wanted to go see him, I was filling this out but then I read that once he gets his Green card, he can travel. I'm confused now. Also, is the I-765 for employment necessary if the he's allowed to work after the AOS goes through? How many did or didn't submit these two forms? 

Do you want the possibility of working in the event the green card takes a very long time?    We expect EAD in a month,  GC in 8 or more months 

Edited September 10, 2019 by payxibka

[Crazy Cat 42,236]

14 minutes ago, Pooley said:

Okay, I was under the impression that when filing the AOS (I-485) for my K1 visa, if I filed the I-131, it allowed him to travel outside the US. His dad is old and has a lot of health issues so just in case something happened and he wanted to go see him, I was filling this out but then I read that once he gets his Green card, he can travel. I'm confused now. Also, is the I-765 for employment necessary if the he's allowed to work after the AOS goes through? How many did or didn't submit these two forms? 

The approved I-131 for advance parole allows re-entry into US until the Green Card is approved.............a Green Card overrides and replaces the advance parole document and the EAD (authorization to work).

Edited September 10, 2019 by missileman

[EnglishLove 112]

4 minutes ago, Hawksquill said:

The EAD (which allows him to work) and the AP (which allows him to travel) are supposed to bridge the gap between when you apply for AOS and when you receive the green card, which allows him to both work and travel.

 

Processing of EAD and AP is intentionally designed to be faster than the GC processing.  The idea is that it's proof that he's applied for a green card, and is provisionally allowed to work and travel while he waits for the decision about the green card.  It could be over a year until he gets his green card, but hopefully only a matter of months until he gets the EAD/AP combo card. 

 

You should apply for all 3 at the same time, which means you don't have to pay the filing fees for EAD and AP, just the AOS filing fee plus one biometrics fee.  

I'm filling everything out now so it's ready to go and one of the questions on the AP is 'Date of Intended Departure" and "Expected Length of Trip". He's not leaving, I just want him to be able to go home if something happens with his family or something. I wasn't sure how to answer that. 

Edited September 10, 2019 by Pooley

[Hawksquill 151]

7 minutes ago, Pooley said:

I'm filling everything out now so it's ready to go and one of the questions on the AP is 'Date of Intended Departure" and "Expected Length of Trip". He's not leaving, I just want him to be able to go home if something happens with his family or something. I wasn't sure how to answer that. 

You can just put "TBD" or similar, that's what we did! 

[EnglishLove 112]

2 minutes ago, Hawksquill said:

You can just put "TBD" or similar, that's what we did! 

Thank you!!!! You did "TBD" in both questions?

Edited September 10, 2019 by Pooley