Help on the I-131!

[Pickle_slushy 4]

I could use some help on how to fill out the I-131!

 

We will be getting married in the US soon and concurrently filing I-130 and I-485 together from the US.  We are also submitting the I-131 travel authorization form.

 

We are unsure of which options to select...

 

Is the purpose of this form so that she could go back to Canada to see family and return? Do we want to select re-entry or advanced parole? Not really sure what that means honestly. 

 

1. What class of admission would she be? She came here as a tourist initially, but we'll be submitting this after we're married. Does this change her admission class? 

 

2. What application type would this be considered?  A) A permanent resident or conditional resident of the US applying for a reentry permit? Or B) applying for advanced parole document to allow me to return to the US after foreign travel? 

 

Also what if we don't have any dates for sure yet that she will have to leave? She would like to visit family often considering it's a short drive away... 

 

Thanks! 

[SalishSea 18,091]

49 minutes ago, Pickle_slushy said:

I could use some help on how to fill out the I-131!

 

We will be getting married in the US soon and concurrently filing I-130 and I-485 together from the US.  We are also submitting the I-131 travel authorization form.

 

We are unsure of which options to select...

 

Is the purpose of this form so that she could go back to Canada to see family and return? Do we want to select re-entry or advanced parole? Not really sure what that means honestly. 

 

1. What class of admission would she be? She came here as a tourist initially, but we'll be submitting this after we're married. Does this change her admission class? 

 

2. What application type would this be considered?  A) A permanent resident or conditional resident of the US applying for a reentry permit? Or B) applying for advanced parole document to allow me to return to the US after foreign travel? 

 

Also what if we don't have any dates for sure yet that she will have to leave? She would like to visit family often considering it's a short drive away... 

 

Thanks! 

Does she realize she won't get that travel document for 6+ months?

[Pickle_slushy 4]

27 minutes ago, Jorgedig said:

Does she realize she won't get that travel document for 6+ months?

She does. There's nothing we can do about that though. 

[jagaimo 0]

1 hour ago, Pickle_slushy said:

I could use some help on how to fill out the I-131!

 

We will be getting married in the US soon and concurrently filing I-130 and I-485 together from the US.  We are also submitting the I-131 travel authorization form.

 

We are unsure of which options to select...

 

Is the purpose of this form so that she could go back to Canada to see family and return? Do we want to select re-entry or advanced parole? Not really sure what that means honestly. 

 

1. What class of admission would she be? She came here as a tourist initially, but we'll be submitting this after we're married. Does this change her admission class? 

"Back to Canada" implies her nationality is Canadian? Did she enter under a visa (inspected with an I-94), or did she simply drive across the border under visa waiver? If she entered with an I-94, the class of admission is indicated on the form. If under visa waiver, she came in as a Canadian visitor (non-immigrant).

 

Quote

2. What application type would this be considered?  A) A permanent resident or conditional resident of the US applying for a reentry permit? Or B) applying for advanced parole document to allow me to return to the US after foreign travel? 

For the purpose of the I-131 filing when the time is right (married; in the US; concurrently with filing I-130/485), the answer would be (B) - she would need an Advance Parole to return. For more information about the Advance Parole, please see the following: https://www.cbp.gov/travel/us-citizens/advance-parole

 

A Reentry Permit is for Permanent/Conditional Residents, and therefore, is not applicable to her at this time. It may be more appropriate after getting Legal Permanent Resident status. 

 

The answers to some frequently asked questions concerning these travel documents can be found here:

https://www.cbp.gov/travel/us-citizens/advance-parole-reentry-permit-and-refugee-travel-documentation-returning-aliens-residing

 

Quote

Also what if we don't have any dates for sure yet that she will have to leave? She would like to visit family often considering it's a short drive away... 

She can leave and come back any time before getting married. No time restrictions.

 

Once married and having filed I-130/485/131, she MUST NOT leave the USA without the Advanced Parole document in her hands.

 

(Disclaimer: Please understand that as I am not aware of the details of your specific situation, this is only my opinion. See a professional lawyer if you need legal advice.)

Edited July 24, 2020 by jagaimo

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.