Can I file I-131 concurrently with I-485 and travel the next day? Urgent!

H

hy2934

Registered Users (C)
Hi Everyone,

I am new to this community so please bear with me here as I might not know all the rules.

I got married to my wife (US citizen) couple of months ago. I am lawfully present in USA on F-1 visa (valid for next 3 years) and now we are filing for AOS. However, I have to travel outside USA and I am ready to file I-131 concurrently with other documents.

My question is: can I file I-131 and travel within next few days or do I have to wait until I get some sort of approval for my I-485 or I-131 application?

I have been searching a lot on the internet but couldn't find any satisfying answer. I'll be grateful to ya'll if you could help me out here please.

Thank you
 
Technically, when you file AOS and USCIS ACCEPTS IT (with a valid receipt number), all other visas (with or without validity) are supposed to be unusable. Your application may or may not get accepted while you're away and with USCIS you never know...You may or may not face questions on your return to US in POE, but it is not worth the risk. If your travel is really required, I'd say make your travel plans first on F1 and then return and file the AOS. Else wait till the i-131 is approved. I-131 can be expedited as well with valid documents/reasoning as required.

HTH

hy2934 said:
Hi Everyone,

I am new to this community so please bear with me here as I might not know all the rules.

I got married to my wife (US citizen) couple of months ago. I am lawfully present in USA on F-1 visa (valid for next 3 years) and now we are filing for AOS. However, I have to travel outside USA and I am ready to file I-131 concurrently with other documents.

My question is: can I file I-131 and travel within next few days or do I have to wait until I get some sort of approval for my I-485 or I-131 application?

I have been searching a lot on the internet but couldn't find any satisfying answer. I'll be grateful to ya'll if you could help me out here please.

Thank you
Click to expand...
 
@Falcyon: Thanks a lot mate. It was really helpful. Will probably just travel and file for AOS later.
Thanks again.


falcyon said:
Technically, when you file AOS and USCIS ACCEPTS IT (with a valid receipt number), all other visas (with or without validity) are supposed to be unusable. Your application may or may not get accepted while you're away and with USCIS you never know...You may or may not face questions on your return to US in POE, but it is not worth the risk. If your travel is really required, I'd say make your travel plans first on F1 and then return and file the AOS. Else wait till the i-131 is approved. I-131 can be expedited as well with valid documents/reasoning as required.

HTH
Click to expand...
 
falcyon said:
Technically, when you file AOS and USCIS ACCEPTS IT (with a valid receipt number), all other visas (with or without validity) are supposed to be unusable.
Click to expand...

No visas are canceled by an I-485, although with some of them the filing makes re-entry on them impossible.
 
Once you file the I-485, forget about using your F-1 visa to reenter. You will need Advance Parole, and you're supposed to have the Advance Parole approved before your leave the US.
 
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