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NeedHelp on I-130/I-751/AP

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  • NeedHelp on I-130/I-751/AP

    Hi,

    My wife's first marriage was with US citizen, did not workout well, and annulled before they file I-751. She came to US in 1999 and got conditional green card (expired in 2001). After her divorce, she got married with me in 2001 and since then she is in the US living with me.
    She has filed I-751 with all necessary paperwork and documents as per our attorney's advice. I also have filed I-130 for her. When I filed I-130 for her at that time, I was a green card holder, now I am USC. We are planning to go to India to see my mother who is completely bed ridden. In addition, my mother wants to see our 5-month-old son and my wife too.

    My question is....What is the best way to get advance parole for my wife? Can I file I-130 again as a USC? We have not heard anything from USCIS for above-mentioned both case except receipt notice.

    Thank you in advance for your help

  • #2
    Hi,

    My wife's first marriage was with US citizen, did not workout well, and annulled before they file I-751. She came to US in 1999 and got conditional green card (expired in 2001). After her divorce, she got married with me in 2001 and since then she is in the US living with me.
    She has filed I-751 with all necessary paperwork and documents as per our attorney's advice. I also have filed I-130 for her. When I filed I-130 for her at that time, I was a green card holder, now I am USC. We are planning to go to India to see my mother who is completely bed ridden. In addition, my mother wants to see our 5-month-old son and my wife too.

    My question is....What is the best way to get advance parole for my wife? Can I file I-130 again as a USC? We have not heard anything from USCIS for above-mentioned both case except receipt notice.

    Thank you in advance for your help

    Comment


    • #3
      To apply for a travel document, you need to file an I-131, Application for Advanced Parole

      Comment


      • #4
        Thank you JULIEP for your reply. I know that I've to file I-131 for AP. But what I was asking, Can I file I-130 again as a USC and then I-131 or only I-131? Do you think if I file I-130 again as a USC will help me to get AP faster?

        Comment


        • #5
          Why would she need authorization to travel? If she has I-751 pending and you have a current NOTICE OF ACTION (receipt stating that I-751 is pending) or a stamp in the passport she should travel as a conditional permanent resident.

          Comment


          • #6
            Hi Aguila18,

            Thanks for your reply. I have no idea why would she need authorization to travel, But our lawyer says her greencard is expired so she must have advance parole before she travel abroad.

            Comment


            • #7
              When she filed I-751 didn't she get a paper (receipt) extending her expired greencard? with this paper and expired greencard should be allright to travel

              Comment


              • #8
                Hi sparkles...

                Aguila is correct. When did she apply for the I751 waiver? She should have a received a NOA(notice of action receipt) within 45 to 60 days after applying. It would say that she is extended for travel and work for 1 yr or until her pending I751 is adjudicated.

                Now when you say marriage was annulled. you are not saying that a legal anullment paper through the court was reason for dissolve of marriage are you?

                Comment


                • #9
                  sorry forgot. You can write letter to USCIS asking them to upgrade the petition as filing by USC on the I-130 that is pending.

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