Is it necessary to file I-131?

morwok

New Member
My wife and I are getting ready to file all of our paperwork to get her permanent resident status. My main question relates to form I-131. We are not planning to travel out of the country any time soon. At the earliest, we may go visit her family in Bangladesh in the summer of 2012. First, is it necessary to file this form now or should we wait until we decide that we will actually travel out of the US? Second, once she receives her permanent resident status, will we still have to file this form in order to travel abroad?

Thanks!
 
To use the Advance Parole, it must have been applied for when still inside the US, and she must not leave the US before it is approved. And she also must not have overstayed by 180 days or more before filing the I-485 -- an overstay that long will make it (the AP) become useless even if approved.

It will be valid for only one year, so applying for it now to use it next summer doesn't make sense. But of course, you could apply for it now just in case something turns up that gives you a reason to use it, and then apply for renewal next year if the green card hasn't been approved by then. It takes 2-3 months to be approved, so you can't apply for it right before you're ready to travel.
 
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IF the greencard has NOT been approved when the EAD/AP is due to expire within XXX number of days (I think it is 90 days?) THEN the renewal will be without fee.
 
Second, once she receives her permanent resident status, will we still have to file this form in order to travel abroad?

No, the purpose of Advance Parole is for traveling before the permanent resident status is approved. However, that same I-131 form is also used to apply for a Reentry Permit, which is needed if she wants to stay outside the US for over a year after becoming a permanent resident.
 
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