Form I-131 Question

[kolopop 2]

*Disclaimer* Did not know what sub forum to put this in so please redirect if it seems fit anywhere else.

 

We are currently living in the United States and are planning to file the AOS in the next week.

 

If my fiancé (soon to be wife), needs to leave for a couple weeks is the form I-131 travel document needed? I read many articles which say if the travel is for 6 months or longer the advanced parole document is required, however this trip will only be for 3 weeks tops. 

 

Is it still needed for my fiancé to travel? We are striving for her to go see her family for the holidays this coming December, and don’t know if this will be enough time for her to receive her travel documentation in time. Any information is much appreciated.

 

Thanks,

 

 

[K1visaHopeful 2,679]

A K1 Visa Holder cannot leave and return to the US without Advanced Parole (or a Greencard). Currently AP is taking 3.5 to 5.5 months to process however that fluctuates quite often and tends to take much longer than that.

 

Do note as well that you cannot file for AOS (and in general, EAD and AP for free) without being married first and without your marriage certificate so if you are not married yet it may not be feasible that you will be able to apply for AOS as soon as you think as sometimes Marriage Certificates take some time to receive.

[Crazy Cat 39,381]

21 minutes ago, kolopop said:

I read many articles which say if the travel is for 6 months or longer the advanced parole document is required,

Not true.

https://www.uscis.gov/greencard/while-application-is-pending

 

"If You Need to Travel

If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. 

Edited September 1, 2019 by missileman

[HRQX 4,145]

16 minutes ago, kolopop said:

I read many articles which say if the travel is for 6 months or longer the advanced parole document is required

The I-131 is a multi-use form. It seems you are confusing a Re-entry Permit for LPR with Advance Parole for AOS applicant.

20 minutes ago, kolopop said:

We are striving for her to go see her family for the holidays this coming December

If she leaves in December without Advance Parole or the Green Card then AOS is automatically abandoned. Then she will have to start the CR-1 process instead.

[K1visaHopeful 2,679]

21 minutes ago, kolopop said:

 I read many articles which say if the travel is for 6 months or longer the advanced parole document is required, however this trip will only be for 3 weeks tops. 

 

 

I cannot say what this is related to but my thoughts are you reading info on a Greencard Holder requiring a reentry permit if they leave the US for a year or more. That is something entirely different than a K1 requiring AP.

[kolopop 2]

3 minutes ago, K1visaHopeful said:

I cannot say what this is related to but my thoughts are you reading info on a Greencard Holder requiring a reentry permit if they leave the US for a year or more. That is something entirely different than a K1 requiring AP.

I understand then yes I would need the advanced parole document.

[Crazy Cat 39,381]

4 minutes ago, kolopop said:

I understand then yes I would need the advanced parole document.

Here is one more reference:

https://www.uscis.gov/travel-documents

 

Advance parole allows you to travel back to the United States without applying for a visa. A transportation company (airlines) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport. 

Please note that having an advance parole document does not guarantee that you will be allowed to reenter the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States. 

Advance parole is most commonly used when someone has a pending:

• Form I-485, Application to Register Permanent Residence or to Adjust Status:  If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.