N

Trying to fill out the I-131 for my wife (came over on K1). The
directions are horrible. I am not clear on two things:

1.) Which application type? I assume 'a. I am a permanent resident or
condional resident applying for a reentry permit'. Is that right? Or
do I need Advanced Parole?

2.) Date of intended departure. We have no date in mind, just want the
freedom to go back and visit her mom, etc. Do I just make one up?
tHANKS!

KPacer2126

n wrote:
    > Trying to fill out the I-131 for my wife (came over on K1). The
    > directions are horrible. I am not clear on two things:
    > 1.) Which application type? I assume 'a. I am a permanent resident
or
    > condional resident applying for a reentry permit'. Is that right? Or
    > do I need Advanced Parole?
    > 2.) Date of intended departure. We have no date in mind, just want
the
    > freedom to go back and visit her mom, etc. Do I just make one up?
    > tHANKS!

Hi there,
If she came over on a K-1, you want to apply for advance parole. If
you are just applying for Adjustment of Status, then your wife is not
yet a permanent resident. The other option (re-entry permit) is used
if a permanent resident is planning to be out of the country for more
than one year at a time.

Date of intended departure: you don't have to provide a specific date.
Word of advice: answer this question by saying that you are
requesting a "multiple entry" parole, "valid for at least one year".
You may give the circumstances as such: "I entered the US on a K-1
Visa (date) and after marrying (name of person), am simultaneously
submitting this application for Advance Parol with Form I-485. I
understand that I hereby qualify for Advance Parole on this basis, and
I am requesting it in order to be able to visit..........(.aging
parents, etc. etc.) in --------- (country) in the near future or at
any other time in the event of a family emergency.

I hereby attest that I am currently living in the United States with my
husband, and that I will not depart the United States until I have
received an Advance Parole document."

Or something like that. :D

Remember, this is *HER* application, so the letter must be written from
her point of view. Hope this helps.

~SecretGarden
P.S. Thanks to long-time poster KarenD, from whom we stole parts of
this letter. :)

Jason

1) You need Advance Parole
2) You don't have to provide a date - but if you do it can be any old
one. I put July 23rd but didn't get my AP until mid October.

Definitely tick the "multiple entries" box and even more definitely
take SecretGarden's advice and stick your circumstances in there as to
why you need it. As it says in the instructions on the I-131 AP form
itself - somewhat alarmingly "Advance parole is an extraordinary
measure used sparingly to bring an otherwise inadmissible alien to the
United States for a temporary period of time due to a compelling
emergency."

So make sure you give a good reason for needing it when you apply for
it! I said that I was applying for AP because my parents were both
elderly and I needed to return to England should they fall terminally
ill.

Jason

Jonathan McNeil Wong

Jason wrote:
    > 1) You need Advance Parole
    > 2) You don't have to provide a date - but if you do it can be any old
    > one. I put July 23rd but didn't get my AP until mid October.
    >
    > Definitely tick the "multiple entries" box and even more definitely
    > take SecretGarden's advice and stick your circumstances in there as to
    > why you need it. As it says in the instructions on the I-131 AP form
    > itself - somewhat alarmingly "Advance parole is an extraordinary
    > measure used sparingly to bring an otherwise inadmissible alien to the
    > United States for a temporary period of time due to a compelling
    > emergency."
    >
    > So make sure you give a good reason for needing it when you apply for
    > it! I said that I was applying for AP because my parents were both
    > elderly and I needed to return to England should they fall terminally
    > ill.
    >
    > Jason
    >
The instructions do say that but in fact administrative policy treats
traveling adjustment applicants differently; the policy currently is
that a pending adjustment applicant may qualify for advance parole
authorization for "any legitimate personal or business travel." This
policy was issued in light of the backlogs in adjustment cases.

The adjustment process was actually supposed to be a "one-step", same
day process -- old Operations Instructions, now repealed, specifically
so directed.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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