Questions about i-131 form (when filing with AOS i-485)

[andrewcream 0]

Hello,

 

My wife and I are currently putting together our package for Adjustment of Status after I arrived on a K-1 visa. We're doing it without a lawyer so want to make sure we have everything perfect before sending!  We want to plan a trip back to the UK for April/May (which will likely be before my green card has arrived), and I have a couple of questions about the i-131 (Application for Travel Document):

 

- We don't know the exact date we want to travel yet - does that matter? Can we put in a rough date?

 

- I noticed the instructions seem quite strict on reasons you want to leave the US - are they as strict as they sound (humanitarian crisis/family emergency etc)?

 

- Is there anything else we need to be aware of?

 

Thanks!

[aaron2020 11,651]

You can put in rough dates.

 

You don't have to have a reason.  It's not strict in practice.  

 

You should be aware that it's taking about 6 months to get AP/EAD.   You may not have AP by April/May.  And USCIS will not expedite AP for a vacation.  

 

The US Government lives by the rule that applicants should not make travel plans until they have the proper paperwork in hand.  

You may want to reconsider your trip.

Edited November 20, 2019 by aaron2020

[Pitaya 2,577]

13 minutes ago, andrewcream said:

Hello,

 

My wife and I are currently putting together our package for Adjustment of Status after I arrived on a K-1 visa. We're doing it without a lawyer so want to make sure we have everything perfect before sending!  We want to plan a trip back to the UK for April/May (which will likely be before my green card has arrived), and I have a couple of questions about the i-131 (Application for Travel Document):

 

- We don't know the exact date we want to travel yet - does that matter? No, not really. Can we put in a rough date?Yes

 

- I noticed the instructions seem quite strict on reasons you want to leave the US - are they as strict as they sound (humanitarian crisis/family emergency etc)?No

 

- Is there anything else we need to be aware of? See below

 

Thanks!

Follow the VJ filled out example Form 1-131: https://www.visajourney.com/examples/INS-Form-I-131.pdf . Don't ignore the instructions near the bottom of page 2 of the form.   You didn't mention it, but you should also fill out the EAD (I-765) and submit concurrently with AOS and AP. The fees for EAD and AP are waived if filed concurrently with AOS. See Special Instructions tab on this USICS link for details: https://www.uscis.gov/i-485. You are cutting it close, EAD or AP application processing is currently taken at least six months, plan your travel accordingly.

 

Your timeline is vacant,  It helps everyone that uses or is helped by the forum.  It is time for you to "graduate" from the K1 forums. You should move up to the K1/K3 AOS , and the Working and Traveling During US Immigration forums. Those are more suitable fora for your line of inquiry.

 

Good luck on your immigration journey.

 

 

Edited November 20, 2019 by Pitaya

[geowrian 22,338]

The I-131 applies to many circumstances. For AP due to a pending AOS application, a reason for travel is not relevant and a specific date is not required. My wife put "As needed" and "TBD" - no issue.

As noted, it is unwise to make plans for trips abroad without the card in hand. The timeline could be 4 months or it could be 7+ months.

[Ontarkie 14,634]

~~Moved to AOS Family, from K1 P&P - This is no longer a K1 process but an AOS process.~~

[andrewcream 0]

Thank you all for your advice! And apologies for posting in the wrong section. Will get to my timeline soon!