I-131 Application

[yialanliu 0]

Hi, so last week, I sent in my i-130 and i-485 without the 131 because I did not think I needed to leave the country.

Is there any way to submit an i-131 by itself? Or is that not allowed?

Also, without the advanced parole, when can I leave the country and be allowed back after NOA 2 maybe? OR do I have to wait out the entire process?

Edited October 27, 2012 by yialanliu

[KazuriSana 324]

Without the AP, you have to wait until you have your Legal Permanent Resident [green card] card in hand.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; concurrent filing of an I-130 and I-485 begins the AOS process from one of the afore mentioned visas.

[seth2013 39]

From what I hear, you can wait till you get your NOA1, make a copy and include it in the packet with the I-131. I didn't do it myself, but there are people on VJ that have done that. You won't need to pay for the AP that way.

[VanessaTony 3,567]

Hi, so last week, I sent in my i-130 and i-485 without the 131 because I did not think I needed to leave the country.

1. Is there any way to submit an i-131 by itself?

2. Or is that not allowed?

3. without the advanced parole, when can I leave the country and be allowed back after NOA 2 maybe?

4. OR do I have to wait out the entire process?

1. Yes. Once you get the NOA1 send a copy of that together with the I-131 and its supporting documents. I suggest you file the I-765 as well. Sending it with the copy of the NOA1 will mean you don't pay a fee

2. It's fine, per above

3. No not after NOA2. If you want to be able to get back in you need AP. it's not only just about getting back in either, leaving without AP means you have abandoned your GC process and will need to start again

4. You will need to wait until you have the GC (unless you get AP).

[yialanliu 0]

Hi guys,

I just got off the phone with USCIS and they said that I can't apply for the i-131 if it's a short term leaving the country. All I have to do is to goto the local immigration bureau and get a stamp in my passport. Does that sound wrong?

Although the weird thing is they don't know anything about my application and I had to tell them and read all my notices. Is that normal as well? Or do you think I should send in the 131 anyways with my NOA1 which I have received now?

[hmh33 117]

That's wrong. Sounds like they thought you already had a green card. You should send in the I-131 and I-765 with your receipt notice (NOA1), no fee.

[Harpa Timsah 13,258]

Hi guys,

I just got off the phone with USCIS and they said that I can't apply for the i-131 if it's a short term leaving the country. All I have to do is to goto the local immigration bureau and get a stamp in my passport. Does that sound wrong?

Although the weird thing is they don't know anything about my application and I had to tell them and read all my notices. Is that normal as well? Or do you think I should send in the 131 anyways with my NOA1 which I have received now?

That is wrong. Apply for AP and include the receipt from your I-485 (a copy). There is no stamp in your passport for a AOS-pending person.

[yialanliu 0]

Thanks you all for the help.

Edited December 3, 2012 by yialanliu

[yialanliu 0]

Actually, I have another question now.

For the Advanced Parole, my F visa is currently set to expire by the end of the year. I am planning on staying until Febraury before I need to leave.

When I come back, I won't have a visa, but only the advanced parole. That is okay right?

Or would I have needed an active F visa?

[hmh33 117]

Your F visa is useless at this point because it's a nonimmigrant visa and you've filed for adjustment to immigrant status. When you have advance parole, you don't need a visa.

If you're planning to travel in February, file the I-131 (and I-765) ASAP! It often takes 2-3 months to be processed and delivered. Don't leave the country without it (or at least without receiving the approval notice) or your adjustment of status application will be considered abandoned.

[Harpa Timsah 13,258]

Yes, your F1 is now dead, and you cannot leave and reenter the country until you get approved AP.