I-131 questions

[MarcRosie]

Hi!

 

Hope all of you are doing well. Haven't been in here for some time because everything seemed to be going smoothly. Now I have a question though about the I-131.

 

My wife's parents are 87 and 79 years old. Have some significant health issues and her Mom is in and out of the hospital it seems each week. Her Dad has issues with walking and has had a few small strokes. They have lived with my wife in her home for the past 12 years. As you all know, caring for your parents is one of the most important parts of Chinese culture and my wife wants to be there with them to help care for them as much as she can. Is it possible for her to get the I-131 for this purpose?

 

Also, my wife's daughter just got her green card (yeah!) but she has been offered an opportunity to attend one of the premier universities in Hangzhou (in September of this year) for the opportunity to study in a field that only allows a few students each year to attend. Very prestigious. So we were looking to go the I-131 route with her also as this has a 2 year curriculum.

 

I looked at the I-131 and it really doesn't suggest needing anything specific as far as why you want the I-131. Will they need letters from the university or hospital to prove the reason for asking for the I-131? How long of a process is the I-131? Any help would be greatly appreciated!

 

Thanks!! and have a great day!!!

 

Rosie and Marc

[dnoblett]

I-131 is to preserve residency status for up to 2 year away from the USA so yes it can be used for the reasons stated.

 

How long has your wife been in the states? If more than 3 years residency in the USA, why not naturalize and become a U.S. Citizen? This way she can get a 10 year visit visa to China and get a residency permit for an extended visit in China to care for parents, without worrying about maintaining a US Green-card.

 

As for daughter, I-131 can be used in this way too, I would recommend for her to return to the states during any breaks from school.

 

If school is no more than 2 years, and returns to the states during breaks to show not giving up residency in the states, and has a valid travel doc I would expect that will work.

 

Daughter probably should also file a tax return every year, even a zero return, filing returns is a stipulation of maintaining green card.

[MarcRosie]

Thanks Dan!

 

So do we need letters from her university (daughter) and from a doctor (for her parents) stating these situations? Never says anyplace if such things are needed but just wondered if it helps.

 

Also, how long of a process is this? Send in the 131 and how long before she/they would have biometrics and be able to go back to China? Her Mom isn't doing very well so her having to come back here to take care of all of this is not what we want to do but looks like we must. Sounds like after the biometrics you would be allowed to go back to China as they just send out the re-entry letter to here and I can send it over to her for when she comes back.

 

Thanks again!!

 

Rosie and Marc

[MarcRosie]

Also...sorry to ask so many questions but just want to be sure of all the facts. Seems like you read what it says on uscis.com and other places and they say this and then everyone that has gone through something says something different from their experience. So...I read somewhere that you can do back to back 131's if you're going to college and it's taking longer than 2 years. Is this true?

 

Thanks!

[dnoblett]

1) I-131 from what I've seen tends to take a couple months to process.

 

2) Have not seen anything on back to back re entry permits.

[MarcRosie]

Thanks Dan!

 

I guess my concern for timing (how long an I-131 takes) is that the daughter had to go back to China (in Feb.) to take some tests and get everything set for starting school (place to live, etc.) in September in Hangzhou. But as I read they will send the re-entry permit to our address here in the USA and I can send it to her in China. She plans to work here in the States after school but the opportunity to go to this school (on par with a 'Harvard' type of school here) was too much to turn down. So we're trying to make everything work out.

 

Are people that are applying for the 131 sending in additional evidence to support their desire to get the 131? In the instructions there isn't anything that says you must, but we just want to do the best we can to make sure there aren't any issues and hopefully no interviews are required, just because of the timing of all this. My wife's mother is in the hospital with heart issues so wants to be there to help with this and caring for her father (87) and of course her daughter will be coming back to go through the biometrics and will need to go back for the start of school in September. So we just want to do all we can do to make sure everything goes smoothly.

 

I called USCIS and as always, they just read it out of a book what you need to do ("Follow the instructions for the I-131.") and won't go into any other detail on what people are/should be sending in for the 131 other than what it asks for in the instructions. And we are looking at doing all of this online so I would assume we can attach letters from the school, etc. to that file?

 

Sorry for all the questions. Just want to be sure. Hopefully others have dealt with these things also and can add some thoughts?

 

Have a great day!!

 

Rosie and Marc

[dnoblett]

I-131 is fairly straight forward, no need to attach anything to it other than the fees and what the directions ask for.

[MarcRosie]

Do you have any idea what the chances of an interview are? Not worried about proving anything (proof) just the timing if one would be asked for.

[dnoblett]

USCIS does not interview for re-entry permits. They only will do a biometric for prints, photo, and signature.

[MarcRosie]

So 131's are slam dunks! Although in the instructions it does mention the chance of an interview. Maybe that's just something they throw in every set of instructions.

 

Thanks again Dan!

[dnoblett]

So 131's are slam dunks! Although in the instructions it does mention the chance of an interview. Maybe that's just something they throw in every set of instructions.

 

Thanks again Dan!

Typically yes, however there is always the possibility they can ask to interview to ask a few questions, and explain the permanent residence status and the requirements of it.

[MarcRosie]

 

So 131's are slam dunks! Although in the instructions it does mention the chance of an interview. Maybe that's just something they throw in every set of instructions.

 

Thanks again Dan!

Typically yes, however there is always the possibility they can ask to interview to ask a few questions, and explain the permanent residence status and the requirements of it.

 

Yep, that's the only thing I have any concern about. My wife has needed to travel back and forth to China to care for her parents/be there for them as much as she can. POE has always been understanding and never given her any 'grief' but you never know. And her daughter's approval for the 551 took so ridiculously long (3 years) that as usually happens in a young persons life, things came about and she needs to follow through with this great educational opportunity. Unfortunately for this process of green card/possible US citizenship/taking forever for the US government to do anything, the opportunity arose in China instead of possibly happening in the USA since she couldn't get over here for such a long time. So she got the green card and needed to go back to China to take some additional tests plus arrange housing for her time in Hangzhou. So her time here in the USA has not been very long. And by the time she gets back over here (soon) she's going to have to apply for the 131 and then it's going to be about time for her to start school in Hangzhou! So a little worried about the time spent here.