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MatthewP

Filing I-131 with I-485 Pending Questions

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I came to the USA in November on a k-1 visa, got married in December 2019 and submitted by I-485 and I-765 in January 2020. Both applications are pending, and paused because of COVID-19. I did not file an I-131 because I misunderstood the instructions and thought that there was a separate filing fee from I-485 and couldn't afford it. I have learned that this is not the case, and that if filed concurrently with an I-485 pending, that the fee is waived. I am wondering if anyone has filed their I-131 after their I-485 and if this is allowed? Is the fee still waived?

Also, as I am not a permanent or conditional permanent resident yet, would I be applying for a reentry permit, or an advance parole document?

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Filed: AOS (apr) Country: Philippines
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9 minutes ago, MatthewP said:

I came to the USA in November on a k-1 visa, got married in December 2019 and submitted by I-485 and I-765 in January 2020. Both applications are pending, and paused because of COVID-19. I did not file an I-131 because I misunderstood the instructions and thought that there was a separate filing fee from I-485 and couldn't afford it. I have learned that this is not the case, and that if filed concurrently with an I-485 pending, that the fee is waived. I am wondering if anyone has filed their I-131 after their I-485 and if this is allowed? Is the fee still waived?

Also, as I am not a permanent or conditional permanent resident yet, would I be applying for a reentry permit, or an advance parole document?

Yes, fee is waived.   You submit a copy of your I797 for the i485 as proof

YMMV

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24 minutes ago, payxibka said:

Yes, fee is waived.   You submit a copy of your I797 for the i485 as proof

Thank you! That is helpful.

Do you also happen to know the second part of my question? I am not currently a permanent resident or conditional permanent resident as my initial i485 is still pending. So would I be applying for a reentry permit as a conditional PR, or would I be applying for an advance parole document?

Thanks again for your help!

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10 minutes ago, MatthewP said:

Thank you! That is helpful.

Do you also happen to know the second part of my question? I am not currently a permanent resident or conditional permanent resident as my initial i485 is still pending. So would I be applying for a reentry permit as a conditional PR, or would I be applying for an advance parole document?

Thanks again for your help!

you are applying for Advanced Parole.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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