E-3 visa applying for Green Card through marriage: I-131 needed?

A

AussieBloke

New Member
Hi,

I'm currently on an E-3 visa which is not due to expire until 2012. I've been married to a USC for over two years, and am ready to send off my I-130, I-485, I-765, and I-864 forms. I would like to travel outside the US in the next 6-8 weeks however.

My question is this...do I need to submit an I-131 Application for Travel Document? I notice there's an exemption from this requirement for H-1B holders, which the E-3 is generally modelled on. The exemption does not specifically refer to the E-3 though (a pretty common occurence with the E-3 unfortunately).

So, does anyone think I can avoid applying for an I-131 and use my E-3 for travel whilst my green card application is processing?

Thanks!
 
You need the I-131. E3 doesn't get the benefit of being able to exit and reenter the US without Advance Parole during a pending adjustment of status.

If you need to travel in the next 6-8 weeks, what you could do is have your spouse file only the I-130 right now, then file the I-485, I-756, I-694 etc. after you reenter the US with your E3. If it's done that way, the I-130 receipt needs to be filed with the I-485 and associated forms.

Or file the I-130 with I-485 and everything else, then try for emergency Advance Parole if the AP still isn't approved when it's a few days before your trip.
 
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