I-131 rules when applying for adjustment of status

[Marceloabl 0]

Hello all, my fiancé is from Brazil and he will be coming to the US mid next year for adjustment of status. My question is, with the I-131, the Reentry permit, can we apply for that at the same time as his adjustment of status forms? All I’ve found online is that the Reentry permit is for those who are residents already, and with my fiancé needing to return to Brazil after receiving his green card to complete one last year of schooling, I am trying to figure this out.

 

The alternative, from my understanding, is that if we cannot file the I-131 with his adjustment of status, we have to wait for him to receive his green card and then apply for the Reentry permit. Thoughts? 

 

Thanks!

[Crazy Cat 41,845]

From what status will he be adjusting?   

An Advance Parole I-131 package can be submitted along with a proper I-485 package.  

Edited August 5, 2023 by Crazy Cat

[Crazy Cat 41,845]

According to the I-131 instructions, re-entry permits apply to legal residents (Green Card Holders).  

[Boiler 45,488]

K1?

 

You apply for AP when you file and re-entry permit when you have GC

[carmel34 3,626]

13 hours ago, Marceloabl said:

we have to wait for him to receive his green card and then apply for the Reentry permit. Thoughts?

Yes, he will need the green card first.  If you are currently waiting for the K-1 and are estimating his arrival on that visa for mid-2024, he may not have a green card until mid-2025 or later.  Adjustment of status from K-1 until green card is taking a very long time so plan on that and be flexible, the timing is very unpredictable but there are estimates out there, so do more research.  Your plan for him to return to Brazil so quickly after entering on a K-1 will not work.  Good luck!

[Demise 1,283]

17 hours ago, Marceloabl said:

Hello all, my fiancé is from Brazil and he will be coming to the US mid next year for adjustment of status. My question is, with the I-131, the Reentry permit, can we apply for that at the same time as his adjustment of status forms? All I’ve found online is that the Reentry permit is for those who are residents already, and with my fiancé needing to return to Brazil after receiving his green card to complete one last year of schooling, I am trying to figure this out.

 

The alternative, from my understanding, is that if we cannot file the I-131 with his adjustment of status, we have to wait for him to receive his green card and then apply for the Reentry permit. Thoughts? 

 

Thanks!

Why does he need a re-entry permit? That's a document to take a trip that's between 1 and 2 years long without abandoning your permanent residency.

 

If he needs to travel in the meantime he'd file I-131 but for advance parole, not a re-entry permit.