Need a little advice about the I-131 (travel authorization)

[emperorvinayak]

Hello,
A few months ago, I married a US Citizen and am planning on submitting an application for adjustment of status (green card). We have booked plane tickets for January 2018 for our honeymoon out of the country.
My question is: Since I'm applying for a green card, I'm not sure if I can renew my F-1 visa (since it relies on proving non-immigrant intent). I was going to submit a form I-131 (Application for travel), but will that by itself be enough even with an expired F-1 Visa? (I have a current EAD and am employed). What am I applying for? Advanced Parole?
Thank you!

[newacct]

You would apply for Advance Parole. You leaving the US while AOS is pending would automatically abandon your AOS unless you were granted Advance Parole before you left and you re-enter with that Advance Parole. So you cannot use your F-1 visa to enter anymore. You might not be able to get Advance Parole by January if you file now because it is taking 4 or so months nowadays.

[anthoknee]

You would be applying for Advance Parole, yes.

I don't believe you would be able to renew your F1 visa if you are trying to adjust your status, that seems counterintuitive.

Either way, if you are honeymooning out of the country in January, you need to get the applications submitted to USCIS like, yesterday. It seems highly unlikely that even if you do submit those applications say, by the end of the week, that you would even get the travel document by the time you need it. USCIS aims to process the EAD/Travel Document applications within 90 days, but it's not a guarantee and they seem to be exceeding that 90-day goal in many cases.

Also, even with the Advance Parole, it's not a guarantee that you would be allowed back in to the country. US Customs and Border Patrol officers have the discretionary authority to deny your reentry.

[ChicagoFiler]

Hello,
A few months ago, I married a US Citizen and am planning on submitting an application for adjustment of status (green card). We have booked plane tickets for January 2018 for our honeymoon out of the country.
My question is: Since I'm applying for a green card, I'm not sure if I can renew my F-1 visa (since it relies on proving non-immigrant intent). I was going to submit a form I-131 (Application for travel), but will that by itself be enough even with an expired F-1 Visa? (I have a current EAD and am employed). What am I applying for? Advanced Parole?
Thank you!

I agree with them. If I was you, I will cancel the flights and re-book later. I just canceled my oversea vacation yesterday, which should departure today, because I haven't receive my EAD/AP combo card yet although it already being produced. As my attorney said, I am lucky to have EAD/AP card approval and interview scheduled around 4 months since my PD. Don't bear the risk. You don't want to do anything to delay your case.

If your EAD and F-1 visa, will still valid by the time you back from your honeymoon. You probably can wait until then to submitting your AOS application.

Not legal advise tho.

[emperorvinayak]

Ah crap,

Thank you all for your input. Can't really delay because my wife is currently enrolled in college and her semester will begin end of Jan.

[inadmissible]

Would she rather have her foreign honeymoon or have you with her during her Spring'18 semester?

Because, obviously, she can't have both