Can I go home for Christmas? (Pending Permanent Residency/apply for I-131 Travel Doc?)

[Ariel Naomi 0]

Hello! I'm looking for some advice/help to figure out if I can return to Canada to visit my Family this Christmas by obtaining a Re-entry Permit I-131 even though my Green Card/Permanent Residency I-485 is still pending.

I'll give you a bit of a time line so you know the deets.

Feb 9, 2013 - engaged

Mar 16, 2013 - legally married in order to file paperwork

June 2013 - spousal visa I-130 & married fiancé visa I-129F both submitted (could not submit the I-485 because I had to return to Canada to work)

Dec 1, 2013 - re entered into The States with no problem even though both visas were submitted.

Dec 4, 2013 - HAD OUR WEDDING! yay
(huge gap in time)

April 9, 2014 - both I-130 & I-129F are approved

June 2014 - Permanent Residency I-485 is filed

August 8, 2014 - did fingerprinting for I-485

August 15, 2014 - granted valid Employment Authorization Card (it specifically says "not valid for reentry to U.S.)

And that brings us to now. My attorney says they hope to an interview some time in December, and then it takes a couple weeks to be approved and receive a Green Card. (but we all know when they say "hope for it in december" it'll be 2 months later or something. haha)

But of course, that doesn't really work with everything we had been planning this year.
My husband and I didn't think it was too crazy to hope that everything would be finished in time to be able to travel this December. I mean, it's been over a year since we submitted the paperwork and they initially said everything would be done in 6-7months.

But the world doesn't work that way I guess.

So, we basically need to be able to visit my family in Canada this Christmas (as it is sadly, my grandmothers last one) and then we also had plans to travel to the UK/parts of Europe for our 1 year anniversary/to network with other musicians (long story).

We want to leave America December 1st, and return back into the States February 1st.

This would possibly mean I need to reschedule my interview, and need to get a permit that allows me to reenter in February.

We've done our research and found I-131 Application For Travel Document.
It is decently priced and seems fairly simple as long as I have proof that I am visiting an ill relative.

I would be applying for "A re-entry permit (Application Type A)"

So, I'm basically just wondering if this will work.

If so, when should I apply for the I-131?

What kind of proof do they need for the I-131?

Is it easy to reschedule my interview in advance if I know I will not be able to attend?

I've had incredible help from lovely people on Visa Journey before, so I'm really interested to see what you think, or if anyone else has done the same thing.
Thank you so much for your time,

I seriously appreciate it.

- A

[PerditaD 35]

...

Edited because I'm not sure the information I entered was correct. My apologies!

Edited August 28, 2014 by PerditaD

[Penguin_ie 5,984]

**** Moving from K1 to Travelling During US Immigration *****

[NikLR 13,220]

So you got a K3 visa instead of a CR1?

The I-131 should have been submitted when you submitted the AOS. It was free at that time. You may still be able to get it for free since your AOS is still pending.

Or did you adjust your status instead of getting a visa?

[Hypnos 6,576]

Only an LPR can apply for a re-entry permit; instead you would apply for Advance Parole using an I-131. You would just need to submit a copy of your I-485 receipt NOA to show it was still pending and the fee will be waived.

[Lemonslice 4,544]

So you got a K3 visa instead of a CR1?

The I-131 should have been submitted when you submitted the AOS. It was free at that time. You may still be able to get it for free since your AOS is still pending.

Or did you adjust your status instead of getting a visa?

If I'm not mistaken (haven't seen them much recently...) K3 is a multiple-entry visa - however, not clear at all what the op actually did/got. Edited August 29, 2014 by Boston~Montreal

[Ariel Naomi 0]

Only an LPR can apply for a re-entry permit; instead you would apply for Advance Parole using an I-131. You would just need to submit a copy of your I-485 receipt NOA to show it was still pending and the fee will be waived.

Okay cool! So, I could of applied for the I-131 when I first got the receipt for the I-148, just my lawyers never mentioned any of this even though they knew I wanted to travel at the end of the year. Strange.

But because I still haven't had my interview for the Green Card, I should still be able to apply for Advance Parole and it won't even cost me?

Do you know if I will still need to provide evidence that I have an ill grandparent?

Thank you so much. You've been so helpful.

[Ariel Naomi 0]

If I'm not mistaken (haven't seen them much recently...) K3 is a multiple-entry visa - however, not clear at all what the op actually did/got.

As far as I remember, my lawyers said that if I received the K3, I still could only enter once on it until I received my green card.

But at this point, though both the K3 and I-130 have been "approved" but I have not had any interviews for them or received any official visa.

[Lemonslice 4,544]

As far as I remember, my lawyers said that if I received the K3, I still could only enter once on it until I received my green card.

But at this point, though both the K3 and I-130 have been "approved" but I have not had any interviews for them or received any official visa.

Where are you, already in the US adjusting your status or not?

See www. uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas for details on re entry. But I think if you had a K3... You would know.

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

[NikLR 13,220]

As far as I remember, my lawyers said that if I received the K3, I still could only enter once on it until I received my green card.

But at this point, though both the K3 and I-130 have been "approved" but I have not had any interviews for them or received any official visa.

Essentially you didn't get a visa at all. You just adjusted your status. You weren't supposed to move to the USA without a visa first. But what's done is done. Apply for the I-131 with the NOA1 from your I-485.

[NikLR 13,220]

Should take at most 3 months to get the AP. I'd do it asap!

[Hypnos 6,576]

So, I could of applied for the I-131 when I first got the receipt for the I-148

You could actually have applied for the I-131 and at the same time as you applied for the I-485. Most people who adjust file an I-130 (if needed), I-485, I-131, and I-765 all concurrently; you didn't need to wait for the receipt for anything to apply for any of the others.

Either way, you do not need to provide any documentation of why you need / are applying for Advance Parole; it's routinely granted for those with pending adjustment applications. You can even just enter "Unknown" for the dates of travel if you have no firm travel plans yet.

[Ariel Naomi 0]

Thank you all so much for your information! You have been incredibly helpful.
I have just emailed my attorney and told them what I wish to do, and hopefully this will be worked out very soon.

You are awesome people and I wish you all the best on your journey.
- A

[kcoyclay1 98]

Hello! I'm looking for some advice/help to figure out if I can return to Canada to visit my Family this Christmas by obtaining a Re-entry Permit I-131 even though my Green Card/Permanent Residency I-485 is still pending.

I'll give you a bit of a time line so you know the deets.

Feb 9, 2013 - engaged

Mar 16, 2013 - legally married in order to file paperwork

June 2013 - spousal visa I-130 & married fiancé visa I-129F both submitted (could not submit the I-485 because I had to return to Canada to work)

Dec 1, 2013 - re entered into The States with no problem even though both visas were submitted.

Dec 4, 2013 - HAD OUR WEDDING! yay

(huge gap in time)

April 9, 2014 - both I-130 & I-129F are approved

June 2014 - Permanent Residency I-485 is filed

August 8, 2014 - did fingerprinting for I-485

August 15, 2014 - granted valid Employment Authorization Card (it specifically says "not valid for reentry to U.S.)

And that brings us to now. My attorney says they hope to an interview some time in December, and then it takes a couple weeks to be approved and receive a Green Card. (but we all know when they say "hope for it in december" it'll be 2 months later or something. haha)

But of course, that doesn't really work with everything we had been planning this year.

My husband and I didn't think it was too crazy to hope that everything would be finished in time to be able to travel this December. I mean, it's been over a year since we submitted the paperwork and they initially said everything would be done in 6-7months.

But the world doesn't work that way I guess.

So, we basically need to be able to visit my family in Canada this Christmas (as it is sadly, my grandmothers last one) and then we also had plans to travel to the UK/parts of Europe for our 1 year anniversary/to network with other musicians (long story).

We want to leave America December 1st, and return back into the States February 1st.

This would possibly mean I need to reschedule my interview, and need to get a permit that allows me to reenter in February.

We've done our research and found I-131 Application For Travel Document.

It is decently priced and seems fairly simple as long as I have proof that I am visiting an ill relative.

I would be applying for "A re-entry permit (Application Type A)"

So, I'm basically just wondering if this will work.

If so, when should I apply for the I-131?

What kind of proof do they need for the I-131?

Is it easy to reschedule my interview in advance if I know I will not be able to attend?

I've had incredible help from lovely people on Visa Journey before, so I'm really interested to see what you think, or if anyone else has done the same thing.

Thank you so much for your time,

I seriously appreciate it.

- A

I'm so sorry to hear about your ill relative. I know how hard it can be to be away at a time as this. I also noted that you stated that you want to visit your ill relative and then travel to Europe for your December anniversary and that you want to leave by December first which is around the time of your anniversary. It will appear as if you prioritize your anniversary while using the illness to as the reason. While I understand the concept of killing two birds with one stone, keep in mind that the AP is granted based on humanitarian reasons (your ill relative) and for the time you requested, however, your passport will also be showing that while you were suppose to be visiting your sick relative - the sole purpose you were granted the AP - you used some of the time requested for that visit to go on a vacation (they do not grant AP for vacations).

You also mention reentry permit but you wouldn't qualify for that as they are only given to individuals who are permanent residents and conditional permanent residents not to persons who are waiting to adjust their status. I have added the link to the instructions for AP and other reasons for applying for travel documents. I wouldn't want you to be caught in a situation where the IO is looking through your passport as they usually do at your adjustment interview and see that you traveled to Europe when you should be visiting your ill relative. It has the potential to put you in a predicament and any misrepresentation to an IO can result in denial. These IOs are trained to investigate every thing and they note everything that is said. And, just to make you aware, while you are being interviewed you are also being taped by other officers who are watching and listening to everything that is being said. I know that as a fact. Just want to give you some information so that you won't be "caught between a rock and a hard place." See link below and have a great weekend.

I note that you stated that you have a K3. That see to change a lot of things and if it is still valid you would not need AP, so based on what you have please read the link below as it allows K3 visa holders who are adjusting to leave the country and return. I am just responding to the various scenarios presented.

Again, I am sorry to hear about your sick relative.

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

Edited September 7, 2014 by kcoyclay1