I-131 Question

[CanuckGurl 3]

I am anxiously awaiting Sept 26th, which is going to be my PoE date for my CR-1.

My job requires me to come back to Canada January thru mid-May and the lawyer I spoke with highly recommended I complete the I-131 so that I can let the USCIS know that I am not abandoning my GC with being gone from the US for such a long period of time.

My question is - when do I file it? Should I file it just prior to leaving or as soon as I get into the US?

Thanks for your input.

[frostiana 12]

I am anxiously awaiting Sept 26th, which is going to be my PoE date for my CR-1.

My job requires me to come back to Canada January thru mid-May and the lawyer I spoke with highly recommended I complete the I-131 so that I can let the USCIS know that I am not abandoning my GC with being gone from the US for such a long period of time.

My question is - when do I file it? Should I file it just prior to leaving or as soon as I get into the US?

Thanks for your input.

I am only just learning, but I believe you file it along with your adjustment of status. Maybe it's different if you're already married? The Advanced Parole takes a while to get, a couple of months. I'm concerned because I have an elderly mother back in Canada, but there is an emergency advanced parole that you can request. I've been warned on this website not to leave without the advanced parole permit or you will be abandoning your application for a greencard and have to start over.

I will be watching this topic as I'm interested to see what other more experienced members have to say.

You must be very excited!

[frostiana 12]

I am anxiously awaiting Sept 26th, which is going to be my PoE date for my CR-1.

My job requires me to come back to Canada January thru mid-May and the lawyer I spoke with highly recommended I complete the I-131 so that I can let the USCIS know that I am not abandoning my GC with being gone from the US for such a long period of time.

My question is - when do I file it? Should I file it just prior to leaving or as soon as I get into the US?

Thanks for your input.

Oh I see you are not having to work until January, that's good you'll have time to get the Advanced Parole. It's not about leaving for any length of time, you can't leave AT ALL. At least that is my understanding.

[Little_My 464]

Oh I see you are not having to work until January, that's good you'll have time to get the Advanced Parole. It's not about leaving for any length of time, you can't leave AT ALL. At least that is my understanding.

That is true for AOS applicants - they cannot leave the US without an AP. CR-1 is different, as a person with a CR-1 visa becomes an LPR immediately upon entry once they come to the US. They have the rights of a GC holder as soon as they get here, and are free to travel abroad with their GC without having to apply for any special travel permits.

If you are entering with a CR-1, what your lawyer is probably talking about is applying for a re-entry permit - not an AP (though you use the same form to apply for both). When you enter with your CR-1 your passport will be stamped with the I-551 stamp, which will work as your greencard until the physical card arrives. In any case, the card should arrive before January, and after that the GC and your passport are all you need for international travel. Because you will be gone for about 5 months, your lawyer is probably recommending a re-entry permit to make sure you won't have problems coming back to the US in May.

My understanding has been that usually, being outside of the US for less than 6 months should not be an issue at all. They might ask you a few extra questions at POE about your absence, but if you can show that it was for work, I wouldn't think it will cause any issues.. Re-entry permits are required for absences of over 1 year. For anything less than that, if you can show that you maintained ties to the US (taxes, lease, your husband being here,etc.) you should be fine coming back without the re-entry permit.

Edited September 11, 2011 by Little_My

[JimVaPhuong 4,863]

Little_My is correct. You don't really need a reentry permit unless you think there's a possibility you'll be gone more than a year, but it won't hurt anything to obtain one. I think your lawyer is being proactive in preventing CBP from presuming you've abandoned your residency because you'll be working outside the US.

A side point - once you enter the US with your CR1 visa then you'll be an LPR. After that you are required to file income tax returns in the US, and you're required to declare all income, even if you earned the income outside the US. There are provisions to prevent you from having to pay tax twice on the same income - once to a foreign government and again to the US government, but you still need to declare the income to the US government.

[VanessaTony 3,567]

I am anxiously awaiting Sept 26th, which is going to be my PoE date for my CR-1.

My job requires me to come back to Canada January thru mid-May and the lawyer I spoke with highly recommended I complete the I-131 so that I can let the USCIS know that I am not abandoning my GC with being gone from the US for such a long period of time.

My question is - when do I file it? Should I file it just prior to leaving or as soon as I get into the US?

Thanks for your input.

I don't think you should bother with the I-131. You will be gone less than 6 months.. more than 6 months being the time period CBP can use to determine if you've abandoned your status and of course less than 12 months which is definite abandonment (without a re-entry permit).

Up to you though of course. If you don't mind spending the money it won't hurt anything, I just think it's pointless as this would be your first exit so there's no pattern to your leaving, and it's less than 6 months.

Edited September 11, 2011 by Vanessa&Tony

[CanuckGurl 3]

I don't think you should bother with the I-131. You will be gone less than 6 months.. more than 6 months being the time period CBP can use to determine if you've abandoned your status and of course less than 12 months which is definite abandonment (without a re-entry permit).

Up to you though of course. If you don't mind spending the money it won't hurt anything, I just think it's pointless as this would be your first exit so there's no pattern to your leaving, and it's less than 6 months.

Ahh thanks - I was not aware of the 6 month absence part. That definitely helps to make an informed decision.

[VanessaTony 3,567]

Ahh thanks - I was not aware of the 6 month absence part. That definitely helps to make an informed decision.

Don't get me wrong, if you're gone for 4 months, then back for 1 then gone for 4, then back for 1 or what not you can see that it still sets a pattern of someone "visiting" the US rather than living. Based on the scenario in your OP I don't think you'll have any issues.