Info and doubts on I-131

[mamosc 7]

Hello everybody, my question is: my wife and I (applicant for AOS) would like have a trip oversea. We don't know yet when and where,just for tourism, should i apply for I-131 filling with random dates or i should fill with the rights dates? How many time i can go oversea and come back?

Edit: we still didn't filed the AOS, we'll send it soon

P.s. I'm on overstay with VWP

Edited May 20, 2014 by mamosc

[KayDeeCee 4,893]

You file for AP when you file for AOS. You cannot file for AP before AOS. You may apply if you are an adjustment applicant with a pending I-485. http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

You can leave the date and length blank and hand write Unknown for those after printing out the form, or use a date and length in the future as a guesstimate of when you would travel.

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

[a+j 77]

If you've overstayed by 180 days or more, don't even think of travelling outside the US before you are granted the Green Card. You'll incur in a ban (3-10 yrs, depending on the length of the overstay) when you try to re-enter.

[mamosc 7]

If you've overstayed by 180 days or more, don't even think of travelling outside the US before you are granted the Green Card. You'll incur in a ban (3-10 yrs, depending on the length of the overstay) when you try to re-enter.

Explane please. My VWP expired in April, i'm planning to send the AOS package, within a week, so i'll have overstayed for about 40 days, and i think it hasn't affect the AOS. The question is pretty simple: can i apply for I-131 just for tourism? Can i leave (and re-enter) the US with an approved AP but no GC?

[mamosc 7]

And once i receive the NOA, am i still considered on overstay?

[Teddy B 17,252]

And once i receive the NOA, am i still considered on overstay?

You will no longer accrue overstay after NOA1, but your previously accrued overstay will not go away until your greencard is approved. Personally, I don't think it's a good idea for anyone with accumulated overstay to leave the country without greencard in hand. You are taking the chance of not being allowed back in if you do. Doesn't seem worth the risk to me.

[mamosc 7]

Sorry guys, i can't understand...what is the purpose of I-131? Who can apply for it? I thought it let me come out and in withoout any issue...am i wrong?

[Teddy B 17,252]

Sorry guys, i can't understand...what is the purpose of I-131? Who can apply for it? I thought it let me come out and in withoout any issue...am i wrong?

Nothing is guaranteed once you've accumulated overstay. It's up to the POE officer whether or not you are allowed entry to the US. You may have no problem at all, I personally would not take the chance.

[a+j 77]

Sorry guys, i can't understand...what is the purpose of I-131? Who can apply for it? I thought it let me come out and in withoout any issue...am i wrong?

The Advance Parole document allows you to be 'paroled' back into the US while your application for AOS is in process (ie, between NOA1 and GC granted). If you leave the US without prior obtaining one, your AOS is considered abandoned. Anyone applying for AOS can apply for it (and for the EAD too) without additional costs. People who have overstayed should be careful in using it though.

You have overstayed approximately 40 days. While this isn't enough to automatically incur in a ban if you leave the US and try to re-enter, you should consider that your overstay will become irrelevant (some people say it will be 'forgiven') only after you become a permanent resident. It's entirely up to the CBP officer to decide if you can re-enter on an AP or not. I personally wouldn't risk it, but it's entirely your choice.

Edited May 21, 2014 by a+j

[KayDeeCee 4,893]

You can use the AP just to travel for leisure purposes. You do not need to wait for the green card to travel. The AP's purpose is to be used to re-enter the US when traveling abroad while waiting for the green card approval.

[mamosc 7]

You can use the AP just to travel for leisure purposes. You do not need to wait for the green card to travel. The AP's purpose is to be used to re-enter the US when traveling abroad while waiting for the green card approval.

Thank you and thanks everybody, i need it in case i have to travel outside US (Italy maybe)