Can I file I-131 AP after Receipt Notice

L

lingtm777

Registered Users (C)
Hi,

I just received the I-797C (i believe it is just the receipt notice) for the I-130 & I-485 that I filed for my parents.
My mom already has an A # from before, my dad does not.

My question is, can I file the I-131 for both of them right now? or do I have to (or should) wait until I receive the I-130 approval notice (and approimately how long would this be)? I am a bit confused as to what is suppose to happen next besides what the receipt notice said "next step is biometrics". and if we are allowed to send in I-131 request

thank you in advance for reading my question and helping me...

~Ling
 
lingtm777 said:
Hi,

I just received the I-797C (i believe it is just the receipt notice) for the I-130 & I-485 that I filed for my parents.
My mom already has an A # from before, my dad does not.

My question is, can I file the I-131 for both of them right now? or do I have to (or should) wait until I receive the I-130 approval notice (and approimately how long would this be)? I am a bit confused as to what is suppose to happen next besides what the receipt notice said "next step is biometrics". and if we are allowed to send in I-131 request

thank you in advance for reading my question and helping me...

~Ling
Click to expand...

You could have filed I131 alongwith I485 itself. You can file I131 now alongwith copy of I485 receipt notice (and other required documents per USCIS website).

For concurrent filings most likely, I130 will be approved at the time of your I485 interview and if name check is cleared (& everything is fine) 485 will be approved at the same time.

Yes, next will be biometrics. After that you will wait till they are called for interview. Sometimes, in case of parents, they are approved without interview. In that case you will receive all the approval notices.
 
I-131

Can anyone advise what to fill in the box "Class of Admission" in I-131 application? Does anyone have a letter explaining why we need Advance Parole?

Thanks in advance for your responses!!
 
mygc1012 said:
Can anyone advise what to fill in the box "Class of Admission" in I-131 application? Does anyone have a letter explaining why we need Advance Parole?

Thanks in advance for your responses!!
Click to expand...

class of admission is the type of visa (or status) your parents used to enter (i.e. being admitted to) the U.S.

I didn't include an explanation with the concurrent I-131 filing, as the instructions state to provide an explanation why the applicant needs to leave the country (I assume AP is issued in a variety of circumstances) OR to provide proof that an AOS is pending, so in your case it should be enough to give copies of the receipts for the I-485's as it is proof of a pending AOS. I know a lot of people still give a short explanation in addition to filing concurrently or filing with the I-485 receipt, but as the instructions of the form state and from my own experience it isn't necessary. I'm sure it doesn't hurt though. ;)
 
I regret not filing I-131 together with I-130 and I-485 for my parents. I took advice from a local lawyer who told me that it is quicker to get AP once I-130 is approved than to apply together. it turns out he is not a lawyer, but a so called "application specialist" I later posted a question here, and gotten a different answer..... so to all of you who have not mailed the concurrent filing, you should do it all together....

well, i want to correct my previous mistake by filing the I-131 ASAP now, so it sounds like I can do so by including a copy of the I-485 receipt notice....

It also seems that it does not hurt to include an explanation letter even though it is not required, and hopefully it will help our case - if this is not true, can someone please tell me... (i always thought an explanation letter is required by reading the I-131 instruction, it even says to include extra sheet of paper if needed)

Also, the reason my parents need to leave the country is because my dad had a heart surgery last year, he needs to get regular check up by the surgeon, my mom is his care-giver. so they would like to travel by mid to end of July... Does anyone see any problem if I submit a explanation letter with medical reasons? is this going to hurt his chance of getting health insurance later in the united states? (i know this might sound like a stupid question, but i still would like to have your thoughts) also, will USCIS request more support proof since if he gets sick here, and i don't pick up the bill, it will become a problem for the government?

thanks.
 
lingtm777 said:
I regret not filing I-131 together with I-130 and I-485 for my parents. I took advice from a local lawyer who told me that it is quicker to get AP once I-130 is approved than to apply together. it turns out he is not a lawyer, but a so called "application specialist" I later posted a question here, and gotten a different answer..... so to all of you who have not mailed the concurrent filing, you should do it all together....

well, i want to correct my previous mistake by filing the I-131 ASAP now, so it sounds like I can do so by including a copy of the I-485 receipt notice....

It also seems that it does not hurt to include an explanation letter even though it is not required, and hopefully it will help our case - if this is not true, can someone please tell me... (i always thought an explanation letter is required by reading the I-131 instruction, it even says to include extra sheet of paper if needed)

Also, the reason my parents need to leave the country is because my dad had a heart surgery last year, he needs to get regular check up by the surgeon, my mom is his care-giver. so they would like to travel by mid to end of July... Does anyone see any problem if I submit a explanation letter with medical reasons? is this going to hurt his chance of getting health insurance later in the united states? (i know this might sound like a stupid question, but i still would like to have your thoughts) also, will USCIS request more support proof since if he gets sick here, and i don't pick up the bill, it will become a problem for the government?

thanks.
Click to expand...

There may not be a problem with your reason for AP. However, I would go with a straight forward reason like family visit. People routinely apply for AP alongwith their AOS application without any special reason and their AP gets approved. Like you said only an explanation letter is needed and a simple one would suffice. For reference, on the 1st page of "AOS timeline" sticky thread Ari provided sample letters in an attachment.

Where will you be sending your I131? I saw a post by someone else in a similar situation.
 
from the instruction, if I interprete it correctly, i think the mailing address for I-131 should be chicago lockbox since we live in New York. If this is wrong, could someone please let me know. thank you.

i will look for the sample letter posted by ari....
 
Question

In the I-131 form it says that I need 2 photos, and it asks for the 3-quarter frontal view of the right side. I thought it was changed in frontal view. What do I do?

Secondly. I have an OPT expiring im may. I need to apply now for a new work authorization. What do i check: the "permission to accept employment box or the renewal of my permission to accept employment" or both? What about on the line 15. "Current Immigration Status" What do I have to write? Pending I-485 only or Pending I-485 / OPT Student?

Thanks. :cool:
 
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