AP questions. Please Help ASAP

[C_y_K 0]

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

[William33 110]

You have the AP in hand, therefore there will not be any issues with travelling at this stage.

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

[Kathryn41 3,205]

She should be fine. If she had accumulated 180 days out of status yes, she would have a problem and incur a 3 year ban upon re-entry. Since she was only 30 days there shouldn't be a problem. They may ask why she didn't file right away but that is the most I can think would happen.

[Otto 83]

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

First of all, the K1 visa becomes invalid once the foreign fiancé enters the US - it's expiration date means you have 6 months to enter the US. It is the I-94's expiration date that becomes very important. You must marry before that (the I-94) expires (hopefully you did). If you file for AOS within the I-94's expiration date, your status is protected - outside that date puts you in Out of Status.

At any rate - you've filed your AOS which puts you in Pending Status and the AP will allow your wife to reenter the US. There should be no issues - she should (of course) take both copies of the AP, her passport and, if name changed, copy of your marriage certificate. (Some may advise, and it can't hurt, to take a copy of the AOS NOA1.)

P.S.

[C_y_K 0]

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

First of all, the K1 visa becomes invalid once the foreign fiancé enters the US - it's expiration date means you have 6 months to enter the US. It is the I-94's expiration date that becomes very important. You must marry before that (the I-94) expires (hopefully you did). If you file for AOS within the I-94's expiration date, your status is protected - outside that date puts you in Out of Status.

At any rate - you've filed your AOS which puts you in Pending Status and the AP will allow your wife to reenter the US. There should be no issues - she should (of course) take both copies of the AP, her passport and, if name changed, copy of your marriage certificate. (Some may advise, and it can't hurt, to take a copy of the AOS NOA1.)

P.S.

Her I-94 expired on August 3rd. We married July 28. We filed for the AOS on August 28. There won't be a problem with being out of status for that month correct?

Thank you so much.

[Kathryn41 3,205]

No, she should have no problems.