I-131 Type2 Question (Application Type)

[PDD 0]

Hi everyone,

My spouse entered US on K3 visa and now we are filling out I-131 along with other AOS forms. I am stuck on I-131 Part. 2 (Application Type) Question. Following two will apply to me and it is asking me to check one:

a. I am a permanent resident or conditional resident of the United States and I am applying for a reentry permit.

b. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

which one should i pick?

Thanks everyone.

[YuAndDan 153]

You choose "B"

You cannot choose "A" because you do not yet have a GREEN-CARD and are a permanent resident. "A" is for a person holding a green-card needing to be out of the USA for periods longer than a year but less than 2 years. It is a Re-entry permit.

[PDD 0]

I have been told that K3 Visa Holder DO NOT need I-131 since it is a multiple entry visa. is that true?

[YuAndDan 153]

I have been told that K3 Visa Holder DO NOT need I-131 since it is a multiple entry visa. is that true?

True, read the instructions included with form I-131.

If you Knew this why did you post this question? I assumed you were K-1.

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intra company transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf Edited January 9, 2008 by YuAndDan