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married2013 Newbie

married2013   0

Posted
Filed: AOS (pnd) Country: Pakistan
 Timeline
Posted

Hi,

We had a question about sending I-131 (travel document) application with our I-485 application. My wife came to U.S. last year on H1B visa. We got married in November. I am a U.S. citizen. We are about to send in our I-485 (AOS) application and were wondering if we can send in the application for I-131 (travel document) along with that. We are planning to travel overseas for vacation in April. Can someone tell us if we will qualify to get the travel document if plan to go for vacation (not for any family emergency). Her H1B is still valid until 2015. On the other hand, if we don't apply for travel document, can she use her H1B visa to re-enter U.S. while our I-485 is being proceesed. Thank you.

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

She can apply for AP, but as you say it's not required since she already has an H-1B which permits foreign travel during AoS without abandoning her application.

Be aware that if she obtains AP (or an EAD) and uses it then her H-1B status is terminated and she would instead be in the limbo "AoS Pending" status.

If it were me I probably wouldn't bother, but it's up to you.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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