I-131 (To File Or Not To File with I-485 and I-130)

[Eric van Duin]

Hi,

I am a student from The Netherlands currently getting my Master's Degree here in the U.S. I have been here four almost four and a half years now and previously completed my Bachelor's degree here as well. My wife (U.S. citizen, by birth) and I met about 5 years ago and recently got married in Chicago, IL and we are now working on filing the required documentation in order to obtain a green card for me.

Since I will be graduating from my Master's degree in September, I would love to visit my family back home after to celebrate with them and finally see them again after a year. Since I will be filing my green card application within the next month or so, I know that it would be wise to not leave the U.S. until the process has been completed. Although, I have read that you can travel but that would require form I-131 to be filed before doing so.

Thus leading me to the question, do I file form I-131 with my initial I-485 and I-130 application just to be sure that I can travel, or do I leave the situation as is and wait it out? Does any of you have experience with this situation, what are the consequences (if any), and are there any tips or tricks you know of related to this issue?

Kind Regards,

Eric van Duin

[nicolemawyer]

Hi!

From what I know, it's best to do file it with the I-485 and I-130. The reason for that is that you're avoiding the 300 and something dollar fee by filing it with both forms. If you wait and decide you want to travel once you've submitted the forms you're going to have to pay the fee. Everyone I know has filed the form and received the travel permit with their work permit.

[rayb]

Submit the I-131 with your I-485 package. It will take you about 10 minutes to complete the form, which requires only a few responses relative to the "Advance Parole" request.

If you file it later with a copy of the I-485 receipt notice, there is no fee for submitting the I-131.

--Ray B

Hi,

I am a student from The Netherlands currently getting my Master's Degree here in the U.S. I have been here four almost four and a half years now and previously completed my Bachelor's degree here as well. My wife (U.S. citizen, by birth) and I met about 5 years ago and recently got married in Chicago, IL and we are now working on filing the required documentation in order to obtain a green card for me.

Since I will be graduating from my Master's degree in September, I would love to visit my family back home after to celebrate with them and finally see them again after a year. Since I will be filing my green card application within the next month or so, I know that it would be wise to not leave the U.S. until the process has been completed. Although, I have read that you can travel but that would require form I-131 to be filed before doing so.

Thus leading me to the question, do I file form I-131 with my initial I-485 and I-130 application just to be sure that I can travel, or do I leave the situation as is and wait it out? Does any of you have experience with this situation, what are the consequences (if any), and are there any tips or tricks you know of related to this issue?

Kind Regards,

Eric van Duin