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Returning with an expired travel permit

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  • Returning with an expired travel permit

    Long story short

    My wife and I have been living outside the US for almost two years due to my job. She received an I-131 before she left. She has been back to the US three times so far, spaced by roughly six months.

    July: The present

    October: My wife's last planned trip to the US

    Next January: I-131 expires

    Next July: Our ultimate return to the US

    Does my wife need another I-131 to cover January through July, or will the fact that her last trip to the US was only nine months' prior be enough? If it comes down to being a "rebuttable presumption", I could easily document my work contract abroad, the fact that it ends on 6/30/2014, and that on 7/1 I return to my regular employer in the US. Our other connections to the US are numerous, though we do not have a household there.

    Yes, I understand that to file for a I-131 that she has to be in the US to file and again a month or so later for biometrics. However, she has two jobs and taking two trips in such a short time frame (or one long trip) is not feasible. She would have to quit work. If it didn't require two trips, we would just bite the bullet and get a new travel permit in October just to be safe.

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