AOS and Travel

[jmana 2]

My wife and stepdaughter just got their travel permit that I filed along with their AOS. So she immediately made plans to travel back home before her daughter begins school. Thing is, I was looking at the travel permit today and it mentions that if the person was here illegally for more than 180 days, they won't be able to get back into the US even with the travel permit. Here's the thing, I applied for the AOS more than 8 months ago, and their initial visas (K1 and K2) expired about a year ago. We married before the 3 months was up, so I was under the impression that they are here legally, but the fact that it's taken almost a year for the AOS to be done scares me a bit, because it seems like a gray area where you applied and are waiting, but the I-94 is expired (and has been for more than 180 days). Do you think they would have any issues getting back into the US??

[Pitaya 2,576]

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[SparklePony 238]

From all I have read. as long as you married within the 90-day post-US-entry window, and as long as you filed for AOS right after, then you're good. While AOS is pending you are in a "lawful period of stay authorized by the Attorney General of the US", so you're never really illegally in the US.

They should be fine.

[Bulgaria 0]

What is the period between the day their K1/K2 visas expired to the day you received your first NOA . If that period is more than 180 days they will be banned for 3 years.

I was set up on going home for a while too, and even though everything looked okay for me, and I had my travel documents only 3 months after applying ( AOS is taking 8 months so far) I deceded to talk to a lawyer, before leaving. He adviced me not to leave. He said - they might let you in - no problems, but they may not. And you also risk to miss if you pending case makes a step forward. Just sooo complicated.. If your wife really wants to travel - talk to a lawyer , and more importantly - find out why is your case taking so long. Call and request information.