I-131 question

[Happiness123 0]

So I am about to submit the AOS package for my wife. We are planning to do quite a lot of traveling while waiting for her change of status. I am thinking of volunteering for a travel opportunity outside of the country for a period a little bit short of 1 year. Also, we are planning to travel back to Vietnam in December for her to visit her family.

If I am asking for permission to travel in the future without any sure plan, what should I fill out in my I-131? Am I requesting multiple advance parole? If I work at the oversea location for the 1 year duration and she stays with me during that time, does that affect her status? Lastly, if I request expedited processing for the I-131, how long does it normally take before we can get the travel documents?

[Kathryn41 3,205]

So I am about to submit the AOS package for my wife. We are planning to do quite a lot of traveling while waiting for her change of status. I am thinking of volunteering for a travel opportunity outside of the country for a period a little bit short of 1 year. Also, we are planning to travel back to Vietnam in December for her to visit her family.

If I am asking for permission to travel in the future without any sure plan, what should I fill out in my I-131? Am I requesting multiple advance parole? If I work at the oversea location for the 1 year duration and she stays with me during that time, does that affect her status? Lastly, if I request expedited processing for the I-131, how long does it normally take before we can get the travel documents?

You will definitely want to be careful of your wife's status in the US because extensive travel outside of the US could put her at risk of losing her green card or not allowing her to obtain her green card in the first place if USCIS believes she is not residing in the US. She will need to be in the US to attend her biometrics for the AOS, and you will both need to be in the US to attend any interview that USCIS schedules, so at the very least you are going to require someone here to check your mail and advise you of scheduled appointments.

Yes, the I-131 is for multiple entries. It will be valid for a year but that does not mean USCIS expects her to be outside of the country for the whole time - she is expected to be inside of the US and using the AP for temporary travel only outside of the US - not to live outside of the US. You may wish to reconsider your plans, either to travel, or to pursue permanent residency at this time. What you are currently considering opens your wife's intention to live in the US at this time to serious question and you may well find yourself having to start the whole immigration process over again from the beginning with a CR-1 visa when you are ready to return to the US.

You will not be successful in requesting expedited processing for the I-131. That is only applicable if you have an immediate emergency supported by documentary evidence such as a doctor's letter or a notification of a death in the family. Travel plans do not count as an emergency. APs generally take 60 to 80 days to process after the AOS is accepted. If you receive an RFE for further evidence it could take longer as processing stops until the requested information is received.

Edited April 2, 2010 by Kathryn41