I-131 Question

[dabizi]

So what exactly do I list her on under Part 2 of the I-131.

 

She came here on a K-1 VISA and we got married two weeks ago.

 

I think she should check "I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel."

 

I have a nagging feeling that "I am permanent resident or conditional resident of the United states and I am applying or a reentry permit."

 

Since she has notrecieved a green card she would not choose the second option, right?

 

Thanks!

[LeeFisher3]

You are correct, the answer for a K-1 is "D". Don't forget to include the explanation letter mentioned in Part 7.

 

You want to make sure and file this with your I-485 or after you receive your NOA1 for the AOS process, doing it before will probably get you a denial and lost of the fee.

Edited April 5, 2006 by LeeFisher3 (see edit history)

[pkfops]

A good question to consider is if you really need AP.

 

$170 is the fee.

[dabizi]

A good question to consider is if you really need AP.

 

$170 is the fee.

204660[/snapback]

My wife wants to visit home as soon as possible.

 

Why wouldn't she need AP? Is there another option?

[Randy W]

The other option is to wait for the green card. The AP may not buy you a whole of time, and don't forget to be back for the interview, if one gets scheduled.

[NY-Viking]

A good question to consider is if you really need AP.

 

$170 is the fee.

204660[/snapback]

My wife wants to visit home as soon as possible.

 

Why wouldn't she need AP? Is there another option?

204707[/snapback]

There's no other option other than AP if she wants to leave the USA and return before her green card is approved.

 

But, depending on the wait time for the green card, it may not be worth the money.

 

My wife is hoping to go back to China this May. The website says the green card is on the way, so we should be fine (the green card approved stamp in her passport probably would have made the trip ok too .. but it was only good for two months, so it really depends on when she wants to go). Anyway, we waited almost the entire 3 months after entering the country to have the wedding, and had about a 5 month wait from AOS application until approval.

 

I'm glad we applied for EAD because it gave her the opportunity to work (and look for work) for 3 months; but since we had no plans to return to China, I'm glad we saved the cash on AP.

 

But, everyone's situation is different, so figure out exactly how soon she wants/needs to leave the US and how soon your green card interview will be and make a decision. And as Randy said, remember that if you have an interview (sometimes AOS gets approved without one), she'll need to be back by then.