I-131 needed?
Aug 24th 2005, 12:30 am
#1
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I-131 needed?
My wife is here on a k3 visa which expires next summer 2006. Do I need to file the I-131 if she travels out of the country?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
Aug 24th 2005, 8:16 pm
#2
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Re: I-131 needed?
Originally Posted by zeo
My wife is here on a k3 visa which expires next summer 2006. Do I need to file the I-131 if she travels out of the country?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
The K-3 is a multiple-entry visa, so she can indeed return to the USA on her K-3. She does not need AP. She must return to the USA before her K-3 expires, though.
Rene
Aug 25th 2005, 12:09 am
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Re: I-131 needed?
Originally Posted by Noorah101
Hi zeo,
The K-3 is a multiple-entry visa, so she can indeed return to the USA on her K-3. She does not need AP. She must return to the USA before her K-3 expires, though.
Rene
The K-3 is a multiple-entry visa, so she can indeed return to the USA on her K-3. She does not need AP. She must return to the USA before her K-3 expires, though.
Rene
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
Aug 25th 2005, 6:01 pm
#4
Joined: Apr 2002
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Re: I-131 needed?
Originally Posted by zeo
Ok but what about the following?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
The instructions for the I-131 says A I-485 needs to be filed and is pending with CIS, so it means if somone is here on a k3 visa and does Not have the I-485 filed then they cannot come back in the USA without a filed I-131?
-file I-485 to Adjust Status in the US
or
-follow the I-130 through to an Immigrant Visa and return to her home country for her interview
The result will be the same.
Until she becomes a PR, she may travel on her K-3 visa without an I-131 until the K-3 expires, even if she has filed I-485.
Aug 27th 2005, 4:02 pm
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Re: I-131 needed?
Originally Posted by meauxna
zeo.. how is your wife going to become a Permanent Resident? She has 2 choices:
-file I-485 to Adjust Status in the US
or
-follow the I-130 through to an Immigrant Visa and return to her home country for her interview
The result will be the same.
Until she becomes a PR, she may travel on her K-3 visa without an I-131 until the K-3 expires, even if she has filed I-485.
-file I-485 to Adjust Status in the US
or
-follow the I-130 through to an Immigrant Visa and return to her home country for her interview
The result will be the same.
Until she becomes a PR, she may travel on her K-3 visa without an I-131 until the K-3 expires, even if she has filed I-485.
Aug 27th 2005, 10:12 pm
#6
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Posts: 35,082
Re: I-131 needed?
Originally Posted by zeo
thanks so much for the reply I understand what your saying, I am just confused about the I-131 instructions. It was saying that Advance parole does not need to be applied for in case of 2 requirements: 1. Here on a valid k3 visa and 2. Needs to have a valid I-485 pending which makes no sense to me anyway I filed for the I-485.
Since your wife is on a valid K-3 visa (until summer 06) and has filed I-485, she does not require Advance Parole. Use caution after summer 06 if you have not yet been called for your I-485 interview.
Aug 28th 2005, 2:53 pm
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Re: I-131 needed?
Originally Posted by meauxna
If I'm understanding what you mean by this, I think it refers to the idea that a K-3 is expected to be actively pursuing Permanent Residency. Filing I-485 (when eligible, which your wife is) satisfies this requirement.
Since your wife is on a valid K-3 visa (until summer 06) and has filed I-485, she does not require Advance Parole. Use caution after summer 06 if you have not yet been called for your I-485 interview.
Since your wife is on a valid K-3 visa (until summer 06) and has filed I-485, she does not require Advance Parole. Use caution after summer 06 if you have not yet been called for your I-485 interview.
Aug 29th 2005, 11:45 pm
#8
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Posts: 35,082
Re: I-131 needed?
Originally Posted by zeo
Ok great thats clear now, thanks so much! So if her interview for the PR is after 2006 will she be in status or do I need to file an extension?
After the K-3 expires (let's say July 06), it is expired. It is no longer a valid entry document.
However, if the I-485 has been filed, she has that status to fall back on; 'Pending Adjustment' and she is not out of status after july06. If she wants to travel after July06, she would require Advance Parole.
We couldn't find any benefit to extending the K-3, except maybe where an I-485 had NOT been filed and the party was waiting on an Immigrant Visa application.
Aug 30th 2005, 3:20 pm
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Re: I-131 needed?
Originally Posted by meauxna
There was a lot of discussion about this; check cindyabs posts for the whole down n dirty but the upshot is (hope I remember this right!)
After the K-3 expires (let's say July 06), it is expired. It is no longer a valid entry document.
However, if the I-485 has been filed, she has that status to fall back on; 'Pending Adjustment' and she is not out of status after july06. If she wants to travel after July06, she would require Advance Parole.
We couldn't find any benefit to extending the K-3, except maybe where an I-485 had NOT been filed and the party was waiting on an Immigrant Visa application.
After the K-3 expires (let's say July 06), it is expired. It is no longer a valid entry document.
However, if the I-485 has been filed, she has that status to fall back on; 'Pending Adjustment' and she is not out of status after july06. If she wants to travel after July06, she would require Advance Parole.
We couldn't find any benefit to extending the K-3, except maybe where an I-485 had NOT been filed and the party was waiting on an Immigrant Visa application.
