maximum duration of the expected trip can be specified in part 3 of form 131

[Anny111 1]

Hello! Please tell me what is the maximum duration of the expected trip can be specified in part 3 of form 131, if there is a need to graduate from a university outside the United States? I entered in March 2021 on a K2 visa, I am submitting a form 485, the end of my studies is expected in June 2022

[HRQX 4,145]

1 hour ago, Anny111 said:

Hello! Please tell me what is the maximum duration of the expected trip can be specified in part 3 of form 131

Just put TBD for "Expected Length of Trip" and "Date of Intended Departure" fields. You can input TBD using a PDF editor or by hand. In Part 7 select "More than one trip" box. You can put As needed for the reason of I-131 filing.

[Anny111 1]

14 hours ago, HRQX said:

Просто укажите TBD в полях «Ожидаемая продолжительность поездки» и «Дата предполагаемого отъезда». Вы можете ввести TBD  с помощью редактора PDF или вручную. В части 7 выберите поле «Более одной поездки». Вы можете поставить по мере необходимости  по причине подачи I-131.

 

14 hours ago, HRQX said:

Just put TBD for "Expected Length of Trip" and "Date of Intended Departure" fields. You can input TBD using a PDF editor or by hand. In Part 7 select "More than one trip" box. You can put As needed for the reason of I-131 filing.

Many thanks!  The term of his studies (the son who came with me on K2) is from September 1, 2021, June 30, 2022, he plans to leave the United States to complete his studies after he is invited to USCIS for biometrics.  The best option is if he finishes his studies without returning to the United States during his studies.  Is this period of absence from the United States acceptable while waiting for an interview in order to be issued a green card?  Of course, he will come if the interview for the green card is scheduled earlier, or if 10-11 months is too long for him to get the green card approved.  If he returns to the United States during his studies, will he need to file Form I-131 again and wait for permission to leave?  (I am interested in a return in the case of an invitation to an interview and in the case of his arrival in the United States while waiting for an interview, if this return is necessary).  Thank you.

[Chancy 6,241]

10 hours ago, Anny111 said:

he plans to leave the United States to complete his studies after he is invited to USCIS for biometrics

 

If he leaves the US before his AP is approved, he will abandon his AOS process and will need a new visa to be able to return to the US.

 

[HRQX 4,145]

10 hours ago, Anny111 said:

is from September 1, 2021

As Chancy mentioned above, leaving before Form I-131 is approved results in his I-485 considered abandoned per 8 CFR §1245.2(a)(4)(ii)(A): "Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States." Processing times fluctuate all the time so hard to predict if his AP would be approved by September.

 

Has he considered instead doing an international credits transfer to a US college? Also how old has he when you married your US citizen spouse (after you entered with K-1 visa)?

Edited April 1, 2021 by HRQX

[Anny111 1]

Oh, he planned to leave only after receiving the approval on Form 131, if I understand correctly, this happens about 3 months after filing (we are going to submit all three forms soon - 485, 131, 765), so I think it will be approved by September?  Form 485 is taking a long time to process, and therefore I thought that he would be able to study in Russia while he was waiting for an invitation to an interview on a green card.  We got married in March, my son turns 21 in April.

[aaron2020 11,651]

6 minutes ago, Anny111 said:

Oh, he planned to leave only after receiving the approval on Form 131, if I understand correctly, this happens about 3 months after filing (we are going to submit all three forms soon - 485, 131, 765), so I think it will be approved by September?  Form 485 is taking a long time to process, and therefore I thought that he would be able to study in Russia while he was waiting for an invitation to an interview on a green card.  We got married in March, my son turns 21 in April.

He would be extremely lucky to get AP in 3 months.  Currently, the average is 6-8 months.  Some have waited even longer.  

Your son may need to make a choice.  Which is more important?  A green card or his final year in college?  If he does not get a green card as a K-2, then it will take 7 years for you to petition him once you get your green card in 12-18 months.  

Edited April 1, 2021 by aaron2020

[aaron2020 11,651]

23 minutes ago, HRQX said:

Also how old has he when you married your US citizen spouse (after you entered with K-1 visa)?

They entered in March 2021 on K-1 and K-2 visas.  He turns 21 in April.  He was 20 when they got married.

Edited April 1, 2021 by aaron2020

[Anny111 1]

16 hours ago, HRQX said:

As Chancy mentioned above, leaving before Form I-131 is approved results in his I-485 considered abandoned per 8 CFR §1245.2(a)(4)(ii)(A): "Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States." Processing times fluctuate all the time so hard to predict if his AP would be approved by September.

 

Has he considered instead doing an international credits transfer to a US college? Also how old has he when you married your US citizen spouse (after you entered with K-1 visa)?

We did not consider the possibility of transferring to a US university, but judging by what you said, we need to have this option.  He is completing his third year at the University of the Faculty of Software Engineering.  It will be necessary to look for acceptable options.  I would be grateful for your advice.

[Anny111 1]

Still, after receiving AP before receiving a green card, are there any restrictions on the duration of stay (study) outside the United States?

[Anny111 1]

And is there an opportunity to get an AP urgently due to university studies?

[aaron2020 11,651]

8 minutes ago, Anny111 said:

And is there an opportunity to get an AP urgently due to university studies?

No.  The K-2 is for immigrating to the US.  It's not a place holder while your son lives outside the US.  

There is no NEED to attend university abroad.  There is a DESIRE to attend university abroad.  

 

AP will not be expedited so your son can live outside the US for a year.  

[Anny111 1]

Another question - should the date of signing of forms 485, 131, 765 correspond to the dates of mailing to USCIS?  Or can they be signed a day or two earlier?  Thanks!

[aaron2020 11,651]

Date documents based on the date when you sign them.  

[payxibka 10,045]

1 minute ago, Anny111 said:

Another question - should the date of signing of forms 485, 131, 765 correspond to the dates of mailing to USCIS?  Or can they be signed a day or two earlier?  Thanks!

Dated the day they were signed  not tbe day they were mailed unless the two are the same