AP confusion

[jok235 0]

Hi everyone,

I've been reading various posts on here about traveling with AP after being out of status for some time and I'm a little confused. I know that if you incur over 180 days out of status then you can be subject to a 3 year ban and so should not risk using the AP, but what happens if you were out of status for a few weeks? Is it ok to use the AP to travel?

I entered the U.S. at the end of October 2008, married December 13th, but we didn't file for AOS until the end of February, approx 1 month after expiration of the I-94 (our filing date would have been the end of January but we received rejection notices due to incorrect fee, which turned out to be an incorrect birth date). We're planning a trip to England in June to have a wedding reception and don't want to have to postpone it, but also don't want to risk being denied entry and have to start this process all over again.

Any experiences or advice would be appreciated!

Thanks

[Bobby+Umit 161]

Hi everyone,

I've been reading various posts on here about traveling with AP after being out of status for some time and I'm a little confused. I know that if you incur over 180 days out of status then you can be subject to a 3 year ban and so should not risk using the AP, but what happens if you were out of status for a few weeks? Is it ok to use the AP to travel?

Less than 180 (out of status) - usually no problem.

I entered the U.S. at the end of October 2008, married December 13th, but we didn't file for AOS until the end of February, approx 1 month after expiration of the I-94 (our filing date would have been the end of January but we received rejection notices due to incorrect fee, which turned out to be an incorrect birth date). We're planning a trip to England in June to have a wedding reception and don't want to have to postpone it, but also don't want to risk being denied entry and have to start this process all over again.

Any experiences or advice would be appreciated!

Thanks

Read the AP instructions. Your safe according to what your wrote.

[YuAndDan 153]

If out of status LESS than 180 days you have no problems with using AP becaues there WILL NOT be a bar.

Do not use AP to travel if you entered the USA on a K-1, married and then filed I-485 MORE than 180 days AFTER I-94 card expiration, this WILL cause a problem even with AP document.

Moving this to the correct forum (Work/Travel prior to green-card)

Edited April 17, 2009 by YuAndDan

[jok235 0]

Thank you, now all we have to do is hope the AP arrives in time!