Not approved at interview, but have Advanced Parole to travel

[Chica Yeyé 41]

Can her son come over for a visit instead?

[ga301 0]

It is risky not because she will be denied at POE, she won't,

but they might ask some RFE's from both of you or possible second interview.

To clarify something, since she has NOA for AOS before the I-94 expired,

she is no longer considered as an "OVERSTAYER".

If she really has to go, tell her to be on-call as she might be needed here.

She had better to take 2 copies of AP, Marriage Certificate, NOA for AOS of course her passport etc....

[ga301 0]

This makes me feel a little better. I think if we have any RFE it will be for things I can supply. A second interview will require her to come back sooner, but I don't think this would be a big deal at all for her.

It is risky not because she will be denied at POE, she won't,

but they might ask some RFE's from both of you or possible second interview.

To clarify something, since she has NOA for AOS before the I-94 expired,

she is no longer considered as an "OVERSTAYER".

If she really has to go, tell her to be on-call as she might be needed here.

She had better to take 2 copies of AP, Marriage Certificate, NOA for AOS of course her passport etc....

[ga301 0]

This is the plan for this Summer. She will be bringing him back with her. We want to see if he likes it here or not before we commit to bringing him here permanently. It is a pretty typical quiet suburban area where I live and compared to busy Taiwan, not sure if he'll like it. His sister didn't when she visited a couple of years ago and has no interest in living here.

Can her son come over for a visit instead?

Edited April 29, 2009 by ga301

[Krikit 1,163]

It is risky not because she will be denied at POE, she won't,

but they might ask some RFE's from both of you or possible second interview.

To clarify something, since she has NOA for AOS before the I-94 expired,

she is no longer considered as an "OVERSTAYER".

If she really has to go, tell her to be on-call as she might be needed here.

She had better to take 2 copies of AP, Marriage Certificate, NOA for AOS of course her passport etc....

I concur with Cino. The only correction I would make is that she has not accrued any overstay time as the AOS application was pending prior to the expiry date of the I-94. Now, having said all that, there is always a risk with her leaving the country prior to the AOS approval. If she insists on going, hope all goes well.

[Ohio_hunter 0]

It is risky not because she will be denied at POE, she won't,

but they might ask some RFE's from both of you or possible second interview.

To clarify something, since she has NOA for AOS before the I-94 expired,

she is no longer considered as an "OVERSTAYER".

If she really has to go, tell her to be on-call as she might be needed here.

She had better to take 2 copies of AP, Marriage Certificate, NOA for AOS of course her passport etc....

I concur with Cino. The only correction I would make is that she has not accrued any overstay time as the AOS application was pending prior to the expiry date of the I-94. Now, having said all that, there is always a risk with her leaving the country prior to the AOS approval. If she insists on going, hope all goes well.

Just make sure she understands that once she left the country there is a good chance that the port inspector will deny her entry.

[ga301 0]

Both from comments here and from friends we've talked to we've heard they've had no problem using advanced parole to travel and like this comment, that she won't be let in. Due to a potential custody battle looming she feels like she has to take the risk.

Just make sure she understands that once she left the country there is a good chance that the port inspector will deny her entry.

Again, thanks for everyone's comments.

[teslas 0]

There are many folks who have been stuck here for years without being able to go home. Just have your wife read the time lines on a lot of the postings in this forum. And YES, everybody gets sick and tired -they get homesick, they may lose loved ones.

But remember, your AP does not guarantee you re-entry back into the country, it only gives you one possibility.

It would be a pity to come so far, only to lose it all in the final stretch. As I told my wife many times - the last leg is ALWAYS the hardest. Just think of running - the last few minutes of a 10 minute run seems like an eternity.

Its up to you and your wife. IF you are both willing to chance it, with the possibility of you guys being apart for up to a couple of years while your re-waiting for your new paperwork to be approved so she can JUST re-enter the US so you can RESTART your AOS, then go for it. But wisdom says. WAIT.

[teslas 0]

Hey Ga301,

Just some quick advice. It doesn't matter what anybody says. Its what the re-entry guard at the gate of entry says when she returns. He may let her back in, and he may not. And their answer IS the final answer. So, don't close your ears to only hear what you want to hear.

Edited April 29, 2009 by teslas

[ga301 0]

Agreed. Word is that Customs has been good about honoring the Advance Parole document lately, but like you say, a re-entry guard in a bad mood could ruin everything. Wish it hadn't come to this, but we're working it out.

Just some quick advice. It doesn't matter what anybody says. Its what the re-entry guard at the gate of entry says when she returns. He may let her back in, and he may not. And their answer IS the final answer. So, don't close your ears to only hear what you want to hear.

[Bobby+Umit 161]

Question...if you file AOS 2months prior to the I-94 expiring, but do not get everything back before the I-94 expires. It is ok to stay in the country even tho is it expired right?

Yes, as soon as you get the NOA from the filed AOS, your legal status is "applicant to adjust status", so you are not subject to deportation or anything like that until your AOS is either approved/denied.

If you have the AP granted, and your do not have 180+ days of "overstay" (for example, between the expiration of your I-94 and the NOA of the AOS), you can use the AP to travel.

As others have pointed out, the AP is just like any other visa, it doesn't guarantee entry, you are still subject to inspection at the POE.

------

To the OP, you will, of course, make your own choice.

From the info you posted, your wife will not be subjected to any ban coming back, due to overstay, as there is not enough that counts (<180 days).

Only issue is if they reject the AOS, then you will have some scrambling to do - either to answer RFE's or motion to reconsider. However, again, with the info you posted, it probably will be approved.

Good luck!