Is i485 needed before i131

[JMC2018 0]

Hello my wife is a resident alien and wants to travel but we haven’t completed out adjustment of status yet. Can we file an i131 and get her permission to travel even though we haven’t submitted a i485.

[powerpuff 6,708]

What is her immigration status right now?

[JMC2018 0]

she is her on a K1 visa

[powerpuff 6,708]

~ Moved from AOS work/tourist/student visas to AOS K1 ~
 

There has to be a basis for applying for I131. That basis is pending I-485. You can’t just apply for I131 alone

 

If she leaves right now, you will need to start over completely with a spousal visa. 
 

If she applies for I-485 and I-131 concurrently, she will not be able to travel for a long time to come. That is the drawback of a K1. I-131 (AP) is taking 9-12 months to process. If she leaves before she gets her AP and her I-485 is pending, it will be considered as abandoning status. You will need to start from scratch with a spousal visa.

[Rocio0010 5,579]

She’s not a resident alien yet. She’s in a period of authorized stay. If she leaves now without AP, she won’t be allowed back in.

[Crazy Cat 41,888]

Just now, Rocio0010 said:

She’s not a resident alien yet. She’s in a period of authorized stay. If she leaves now without AP, she won’t be allowed back in.

She hasn't filed an I-485 yet......

[Crazy Cat 41,888]

59 minutes ago, JMC2018 said:

she is her on a K1 visa

Once she has been here more than 90 days, she is out of status....and subject to detention and deportation..... until she files an I-485.  I STRONGLY advise her to file asap.......along with an I-131 and I-765.....Both of those are free if filed with or after filing the I-485.

Edited April 8, 2022 by Crazy Cat

[Rocio0010 5,579]

16 minutes ago, Crazy Cat said:

She hasn't filed an I-485 yet......

Just wanted to see who’s paying attention