Question about filing Application for Travel (I-131) concurrently with AOS

[rolandbenedetti 0]

Hi,

We are in the process of finalizing all the documents to file concurrently an I-130 petition and an I-485 adjustment of status.

Our case is the following:

- I am non-immigrant worker in the US under a L1A visa.

- I met my wife while being here in the US and we got married. She is a US citizen.

- We are now applying for AOS for myself.

I am finalizing my case and I have a few open questions.

Reading the USCIS instructions, it seems like I should file an I-131 form to get authorized to travel out of the US and get back in the US during the AOS process.

It looks like leaving the US without I-131 would both be a risk for my AOS, but that I could also may be have issues reentering, despite my Visa L1.

So I am now trying to file an I-131 form concurrently to the I-485 which seems to be the way to go.

Reading the instructions of the I-131, I see there is the need for me to provide an explanation letter that would warrant issuance of an advance parole document.

I am however not very clear on what to say in this letter as I have two main reasons to ask for it:

- for business purposes: I am in the US as a non-immigrant worker but might have to go to Europe to visit the headquarter of my mother company on a frequent basis, to meet management (I am part of the management of the company and we have a few business development that might require meetings).

- for personal reasons: I indeed have relatives (my father) seriously ill and I might have to visit him soon for very obvious family reasons.

Should I write both, or focus on the business purpose as my Visa is a professional visa?

As a side question, filing the I-131, USCIS asks for dates and number of travel planned, but as the two reasons above are mostly extraordinary events that can not be plan too long ahead.

Would anyone can help here?

I would really value any advice.

Best regards,

[didopage 337]

Forget the explanation sheet, it is not required when filing concurrently with AOS: http://www.visajourney.com/forums/topic/435326-form-i-131-travel-document-for-k-1-visa-holders-aos/?p=6287771

As for date and length of travel, put Unknown. The new form forces you to input a date, but just print it, and write by hand Unkwown.

[didopage 337]

Well, my reply in that old topic is a little off because they updated the instructions forms, but look in the General Requirements section, under Advance Parole. There is still the magic word "or" that basically says you don't have to include an explanation sheet.

[rolandbenedetti 0]

Well, my reply in that old topic is a little off because they updated the instructions forms, but look in the General Requirements section, under Advance Parole. There is still the magic word "or" that basically says you don't have to include an explanation sheet.

Thanks a lot for the answers, I'll get back to the instruction to double check the magic word but this seems to make a lot of sense...

Thanks

[KayDeeCee 4,893]

Yes, didopage is correct. No explanation needed when filing with a pending I-485. However, are you sure you need the AP? Page 1 of the I-131 instructions mention L-1 visa holders not needing it to re-enter during a pending AOS > http://www.uscis.gov/files/form/i-131instr.pdf

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

[grrrrreat 109]

Yes, didopage is correct. No explanation needed when filing with a pending I-485. However, are you sure you need the AP? Page 1 of the I-131 instructions mention L-1 visa holders not needing it to re-enter during a pending AOS > http://www.uscis.gov/files/form/i-131instr.pdf

~ Moved from AOS from Family Based to AOS from Work, Student & Tourist Visas ~

Yes, L-1 holders can be readmitted even without AP during AOS. However, my view is that L-1s should still file I-131 as a back-up. In the event that the L-1 becomes invalid for some reason (like changing jobs), they can still use AP. Filing I-131 or I-765 doesn't itself invalidate the L-1. However, actually using either an employment authorization document or advance parole will invalidate the L-1. This rarely matters, however, unless there is some reason the I-485 is denied, and the alien won't be able to rely on the L-1 to keep their status legal.