B1/B2 Visa & I-512 Advance Parole

[Bahbee 0]

Hello everyone,

I am a Natural Born U.S. citizen. My wife came to the U.S. Orig from the Philippines via Italy, on a B1/B2 Visa to visit. She stayed for 6 months and then overstayed her visa by 2 months and we Married. It's been another Year now, since we were married and her Visa has been Expired for a total of a Year and 5 months. We have filed the appropriate forms I-130, I-485 etc... She has had her Bio-metrics apt & she has Received her Combo Card: Employment Authorization & I-512 Advance Parole. We are now waiting for our INS Interview apt.

My question is; Can She/We travel outside the U.S. and Re-enter with no problems using the Advance Parole Card, even though her Visa Visit of 6 months has expired and She has overstayed her Visa Visit? Do they even look at the Visa at that point because she has the AP card..?

Thank You So Much...!

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about AP travel, not K1-related~

~ It helps everyone that uses the forum.~

[Boiler 45,657]

Personally I would not risk it but technically should not be an issue.

[newacct 688]

Yes, she can travel and re-enter with the AP.

[Anh map 2,098]

Her entire history will be in the system for the CBP officers to see. It shouldn't be a problem, But if it is, it could be a real pain. You must decide if the potential risk is acceptable.

[Hypnos 6,576]

Per Matter of Arrabally, yes.

[hopeful 4 XMas 19]

she can travel, but are the possible headaches and possible costs worth it??

I would not risk it, time will pass

[Hypnos 6,576]

By law and a binding precident BIA decision she can travel. That's all that matters.

What you would do in this situation is irrelevant. If the OP wishes to travel, they can travel.