Should we file I-131 for my spouse while waiting for her Greencard processing?


New Member

Here is a little background of my case.

  • I am a naturalized US citizen
  • My wife originally arrived in US on a student visa
  • After graduation, she got a job and her employer sponsored her H1B visa in September 2006
  • She went to Canada in 2007 to get the H1B visa stamped, and the stamp is valid until December 2009
  • Her employer filed for her H1B extension earlier last year and her H1B status is now valid until December December 2011
  • She has not yet gotten a new stamp on her passport.

I am in the process of applying for her green card based on my citizenship. I have filled out the following forms:

  • Petition for Alien Relative (USCIS Form I-130)
  • Application to Register Permanent Residence (USCIS Form I-485)
  • Wife's Biographic Information (USCIS Form G-325A)
  • My Biographic Information (USCIS Form G-325A)
  • Affidavit of Support (USCIS Form I-864)
  • Permission for Work Authorization (USCIS Form I-765)

We plan to go out of country in February 2010. By that time, although her H1B status would still be valid, the stamp on her passport would have expired. I would rather she not have to go to the consulate to get her H1B extension stamped again. Because of this I was considering filing I-131 (Request for Travel Documents) along with the rest of the applications. This is in case that she does not receive her Greencard before February 2010.

In form I-131, part 2 question 1 asks for Application Type. I an confused whether the application type would be
a. I am a permanent resident or conditional resident of the United States, and I am applying for re-entry permit
b. I am applying for an advance parole document to allow me to return to United States after temporary foreign travel.

What worries me is some of the verbiage of I-131 instructions. Ex: Advance Parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alient to the United States for a temporary period of time due to compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance

Also, the I-131 instructions state that:
If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:
1. An H1, temporary worker....

B. Form I-485, Application to Register Permanent Residence or Adjust Status, was files on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H,L,K or V nonimmigrant visa and continue to remain eligible for that status.

Since her H1B visa status would be active but her visa stamp would have expired, would she have problems entering the country?

Thank you for reading through the long explanation of the case. I appreciate any help.


Registered Users (C)
As for "emergency travel", people travel in and out of the US with AP for whatever reason that they want to travel for. So, forget what the instruction says.

What the bold letters says is if you want to enter the US with H1 stamp, you must have a valid H1 stamp.
If you don't have valid H1 stamp in your passport, you have to get AP to reenter.