Form I 131 or no?

[sandiablues]

Hello Forum,

I'm sure this has been asked several times, but I'll pose the question again;

We are trying to determine whether we need to file a Form I-131 for my non-immigrant wife. Here are the facts:

1) My Indonesian wife has a 5 year multiple entry visa to the US (R B1/B2) which expires in 2018
2) We originally filed petition I-130 (petition for alien relative) and were approved
3) As we are now in the US, we have now applied for I-485 (adjustment of status)
4) I am a US citizen (and the petitioner)

Given the above, do we need to file the From I-131 if she departs the US (temporarily) before her adjustment of status is approved?

Any helpful advice would be much appreciated.


Don Archer

[Adrian Gruber]

[QUOTE=sandiablues;470282]Hello Forum,

I'm sure this has been asked several times, but I'll pose the question again;

We are trying to determine whether we need to file a Form I-131 for my non-immigrant wife. Here are the facts:

1) My Indonesian wife has a 5 year multiple entry visa to the US (R B1/B2) which expires in 2018
2) We originally filed petition I-130 (petition for alien relative) and were approved
3) As we are now in the US, we have now applied for I-485 (adjustment of status)
4) I am a US citizen (and the petitioner)

Given the above, do we need to file the From I-131 if she departs the US (temporarily) before her adjustment of status is approved?

Any helpful advice would be much appreciated.

Hello Don, in this area caution needs to be used and as I am not an attorney perhaps you may need to consult an immigration attorney because you are now in the process of AOS if your spouse leaves the US without Parole USCIS will close your case due to abandonment.


This is the link for USCIS concerning the Re-entry document I-131 and read it carefully before you decide. https://www.uscis.gov/i-131
Sorry I can't be of more help.

[Overdtop Bwoy Bailey]

BE cautious about this

Hello Forum,

I'm sure this has been asked several times, but I'll pose the question again;

We are trying to determine whether we need to file a Form I-131 for my non-immigrant wife. Here are the facts:

1) My Indonesian wife has a 5 year multiple entry visa to the US (R B1/B2) which expires in 2018
2) We originally filed petition I-130 (petition for alien relative) and were approved
3) As we are now in the US, we have now applied for I-485 (adjustment of status)
4) I am a US citizen (and the petitioner)

Given the above, do we need to file the From I-131 if she departs the US (temporarily) before her adjustment of status is approved?

Any helpful advice would be much appreciated.


Don Archer

While waiting for your adjustment of status interview, you may want or need to visit your home country or somewhere else, perhaps to visit family or continue arranging your final move to the U.S., for example. You can travel, but must use great care. BECAUSE USCIS will consider your case abandoned and cancel it and you would have to pay 1070 and file everything again! To protect yourself (if you don’t have a K-3 visa), ask USCIS for advance permission to leave (called “Advance Parole”) and come back by filing Form I-131. You can either file the Advance Parole application together with your adjustment of status application, or you can file it separately later. Be Cautious About Leaving, The Advance Parole document is your ticket back into the U.S., but it is not a guaranteed ticket. Its function is to keep your adjustment of status application alive while you’re gone but it won’t protect you from being found inadmissible. So if you have any doubts about your admissibility back into the U.S., don’t leave without first consulting with an immigration lawyer, particularly if you have been arrested since the last time you entered the U.S., or if you have spent any time in the U.S. in unlawful immigration status.

Even if you have Advance Parole, don’t be alarmed if, upon returning to the U.S., you are pulled into a separate line. This is called “secondary inspection,” and it is not an uncommon procedure for anyone returning with an Advance Parole document.

But really it is entirely up the the border protection guys to decide whether or not to let her back in the country while at the airport. IF they want they can turn her back and send her home. So BE careful!