Form I131

[farazs1]

Hi,

We applied for adjustment of status for my wife last August. We haven't heard much except that the file is at local office now.
My wife wants to travel back home for few weeks. The letter from USCIS extending her conditional stay for one more year expires soon.
I am reading instructions for form I131 and that sounds like the form to apply.
Is that correct?

Also do we know how long is the processing time for this form?
Thank you

[Tezza]

Hi,

We applied for adjustment of status for my wife last August. We haven't heard much except that the file is at local office now.
My wife wants to travel back home for few weeks. The letter from USCIS extending her conditional stay for one more year expires soon.
I am reading instructions for form I131 and that sounds like the form to apply.
Is that correct?

Also do we know how long is the processing time for this form?
Thank you

That form is Advance Parole which you can use to re enter the country, yes. Did you apply for the EAD/AP when you first applied for AOS last August? You haven't received it yet? Can you explain a little more about your timeline?

[farazs1]

That form is Advance Parole which you can use to re enter the country, yes. Did you apply for the EAD/AP when you first applied for AOS last August? You haven't received it yet? Can you explain a little more about your timeline?

We didn't apply for form I131 back when we submitted adjustment of status application.

AoS was submitted last August and we received USCIS letter for additional one year of conditional stay soon after.

Now wife wants to travel back home for couple of months. Her conditional GC has expired long ago. The USCIS letter will likely expire before her return date. I thought I should secure some way for her to enter the country again.

Is advance parole just for those who want to visit outside temporarily? and does advance parole expire quickly?

[newacct]

Hi,

We applied for adjustment of status for my wife last August. We haven't heard much except that the file is at local office now.
My wife wants to travel back home for few weeks. The letter from USCIS extending her conditional stay for one more year expires soon.
I am reading instructions for form I131 and that sounds like the form to apply.
Is that correct?

Also do we know how long is the processing time for this form?
Thank you

You are using terminology wrong, and that's causing confusion.

"Adjustment of Status" refers to the process of getting permanent residency inside the US. Your wife is already a permanent resident, and is not doing Adjustment of Status. She is a conditional permanent resident applying for "Removal of Conditions". When she applied for Removal of Conditions, the I-751 receipt serves as an extension letter for 1 year (soon to be 18 months). But I-751 takes longer than this to process on average. As a permanent resident, she cannot get, and does not need, Advance Parole. If she needs proof of permanent residency (e.g. for work or travel) and her 1 year extension letter is almost expired, she should make an InfoPass appointment at the local USCIS office to get an I-551 stamp (equivalent to a green card, which is also an I-551).

p.s. If it has been almost 1 year since her 2-year conditional green card expired, then she is probably already eligible to apply for naturalization under the 3-year rule (she can apply 90 days before being a permanent resident for 3 years). If she has plans to naturalize, applying for naturalization often helps speed up her Removal of Conditions.

[farazs1]

Apologies for confusion. Still getting used to all the terms.

Thanks for saving me time. I probably would have wasted a lot of time doing wrong things.