Re-Entering wih 1-131

[JKD_88 0]

Ok so I don't trust my lawyer anymore, he said it would be easy to get my wife a state ID and it wasn't, she wasn't able to get one without her EAD like he said. He's messed up before as well so I just want to ask you guys this. My wife really wants to go visit her family in Brazil but she doesn't have her Green Card yet, the I-131 should arrive soon, is it safe? Is it guaranteed she'll be able to get back into the country? Please help.

Also, we've received the receipt papers for the EAD and I-131 and I was just wondering, after we get those, what's next, just more waiting or do we have to file something again for her green card?

[YuAndDan 153]

The AP doc issued when I-131 is approved is for re-entry, HOWEVER there is no guarantee that it will allow re-entry (EX: a person who overstayed a visitors or K-1 visa before filing for AOS (Overstayed 180 days or longer) MAY be blocked from re-entry even with AP).

Just more waiting for things like EAD, AP, and Green-card. Hopefully no RFE.

[JKD_88 0]

The AP doc issued when I-131 is approved is for re-entry, HOWEVER there is no guarantee that it will allow re-entry (EX: a person who overstayed a visitors or K-1 visa before filing for AOS (Overstayed 180 days or longer) MAY be blocked from re-entry even with AP).

Just more waiting for things like EAD, AP, and Green-card. Hopefully no RFE.

Her I-94 expired on Sept. 18, 2008, you can see by my timeline when we were married and when we filed for AOS, do you think this would be a problem?

[YuAndDan 153]

The AP doc issued when I-131 is approved is for re-entry, HOWEVER there is no guarantee that it will allow re-entry (EX: a person who overstayed a visitors or K-1 visa before filing for AOS (Overstayed 180 days or longer) MAY be blocked from re-entry even with AP).

Just more waiting for things like EAD, AP, and Green-card. Hopefully no RFE.

Her I-94 expired on Sept. 18, 2008, you can see by my timeline when we were married and when we filed for AOS, do you think this would be a problem?

IF you waited more than 6 months after Sep 18 to apply for AOS, and AP, the period of overstay (Out of Status) may or may not cause a problem when re-entering the USA using AP.

Your signature indicates at most 3-4 months out of status, so should not be a problem.

http://www.visajourney.com/timeline/profile.php?id=40952

[JKD_88 0]

I hope so, my wife is really insisting on going. We were thinking of her going in October, do you think her Green Card should arrive by then?

[YuAndDan 153]

I hope so, my wife is really insisting on going. We were thinking of her going in October, do you think her Green Card should arrive by then?

Possibly, Ours took about 4 months, in our case the I-485 was sent to CSC for adjudication and approval without an interview.

[JKD_88 0]

Oh I really hope her green card arrives before she goes, I'm very nervous about this, but she insists on going, I just don't want to risk it you know.

[FRJ 0]

Oh I really hope her green card arrives before she goes, I'm very nervous about this, but she insists on going, I just don't want to risk it you know.

even though its under 6 months i still wouldn't chance it. all she needs is to encounter a cbp agent with the wrong attitude and she is not re-entering, AP or not!

[JKD_88 0]

Oh I really hope her green card arrives before she goes, I'm very nervous about this, but she insists on going, I just don't want to risk it you know.

even though its under 6 months i still wouldn't chance it. all she needs is to encounter a cbp agent with the wrong attitude and she is not re-entering, AP or not!

oh no