Unlawful status and travel

[Gabriel22 1]

Wife came to the US with the K1 VISA and we married within the 90 days. We filed for adjustment a year later and have been waiting for green card for over a year. Wife traveled to Paraguay to visit family but we are worried now if delay in filing counts as unlawful status and if we should take other steps. Wife has approved travel permit but aware it is not a guarantee to entry. Aware that people recommend not to travel and the possible consequences. Yet wondering what steps should be considered just in case.

[mushroomspore 3,043]

Well, did your wife get her EAD/AP combo card before she left?? If yes, she's fine. If not, she's not fine.

[Gabriel22 1]

Yea she did get the combo, she left with the card but not the letter. Yet scanned a copy and she printed letter. 

[mushroomspore 3,043]

1 minute ago, Gabriel22 said:

Yea she did get the combo, she left with the card but not the letter. Yet scanned a copy and she printed letter. 

She's fine. The whole POINT of AP is that it allows you to travel while AoS is pending and to be allowed back in. If they didn't want your wife to have it, they would not have issued it to her at all. This question or some variation of it gets asked almost every day on this forum.

Edited August 10, 2018 by mushroomspore

[Gabriel22 1]

That is my thinking but have heard of cases of travelers rejected for unlawful status but I thought unlawful was overstay of travel visa or a deportation order, something. We just simply delayed the adjustment and now have been waiting for almost 2 years. 

Thanks for the input. 

[Crazy Cat 39,193]

2 minutes ago, Gabriel22 said:

That is my thinking but have heard of cases of travelers rejected for unlawful status but I thought unlawful was overstay of travel visa or a deportation order, something. We just simply delayed the adjustment and now have been waiting for almost 2 years. 

Thanks for the input. 

I agree with @mushroomspore.   If your wife has a valid AP document, there is no need for worry.....

[mushroomspore 3,043]

12 minutes ago, Gabriel22 said:

That is my thinking but have heard of cases of travelers rejected for unlawful status but I thought unlawful was overstay of travel visa or a deportation order, something. We just simply delayed the adjustment and now have been waiting for almost 2 years. 

Not sure what you mean by "rejected". Do you mean "denied entry at the border" or "their visa was denied by the consulate/USCIS"? Two very different things. Overstay generally applies to ANYONE staying past their visa and/or I-94 expiration date. It is not restricted to travel visas or people trying to avoid deportation orders. However, overstays are forgiven for US citizens' spouses...although at the present time, it is becoming increasingly prudent to avoid ANY overstay, even for spouses of US citizens. In any case, your wife has AP, entered on K1 and is now under a new status of "authorized stay" due to her pending AoS. She is fine.

Edited August 10, 2018 by mushroomspore

[Ontarkie 13,904]

~~Moved to Working and Traveling, from AOS family Progress Reports~~

[Gabriel22 1]

I had asked a friend whose brother in law is an immigration supervisor at an airport and just told me that she will be fine but border agent can make her uncomfortable and that she needs to stay cool under pressure and that she can be delayed a few hours but worse case scenario a supervisor will clear her. 

 

I just had some last minute jitters as she is flying back in a few days.

[Ksenia_O 695]

31 minutes ago, Gabriel22 said:

I had asked a friend whose brother in law is an immigration supervisor at an airport and just told me that she will be fine but border agent can make her uncomfortable and that she needs to stay cool under pressure and that she can be delayed a few hours but worse case scenario a supervisor will clear her. 

 

I just had some last minute jitters as she is flying back in a few days.

Not sure what was meant under "making her uncomfortable" ,  but  she most likely will be pulled to a secondary - it's a normal routine when an individual enters US with AP. 

No worries - they have to parole her at POE and it may take some time. That's it. 

 

As long as I-485 is pending (didn't get denied), she should be fine, coming back to the US.

 

I wish her a safe trip!!! 

 

Edited August 10, 2018 by Ksenia_O

[Kim and Jermaine 28]

1 hour ago, Gabriel22 said:

Wife came to the US with the K1 VISA and we married within the 90 days. We filed for adjustment a year later and have been waiting for green card for over a year. Wife traveled to Paraguay to visit family but we are worried now if delay in filing counts as unlawful status and if we should take other steps. Wife has approved travel permit but aware it is not a guarantee to entry. Aware that people recommend not to travel and the possible consequences. Yet wondering what steps should be considered just in case.

She should be fine to re-enter but I would be concerned about not having a green card yet after waiting over a year after filing. It's not an issue that you didnt immediately file the AOS but I would question not having the gc yet.

[Gabriel22 1]

I check processing times and my area says 26 months. I have written to a senator with no replies and service inquiry has gone unanswered. Not sure what else I can do to speed up the process of the green card, maybe have her come in illegally and ask for asylum. 

[Just Paul 4,591]

1 hour ago, Gabriel22 said:

I check processing times and my area says 26 months. I have written to a senator with no replies and service inquiry has gone unanswered. Not sure what else I can do to speed up the process of the green card, maybe have her come in illegally and ask for asylum. 

Try your House of Representatives Member.  They tend to be much more responsive.

[Larindra 9]

3 hours ago, Gabriel22 said:

I check processing times and my area says 26 months. I have written to a senator with no replies and service inquiry has gone unanswered. Not sure what else I can do to speed up the process of the green card, maybe have her come in illegally and ask for asylum. 

NOT a good idea. Just wait it out. 

 

I just traveled with AP after I overstayed and I was let back in without issues. Secondary inspection is standard procedure for AP so maybe you want to let her know. 

 

I hope she will have a safe trip home. 

[TM92 527]

4 hours ago, Gabriel22 said:

maybe have her come in illegally and ask for asylum.

24 minutes ago, Larindra said:

NOT a good idea. Just wait it out.

I might be wrong but I interpreted the asylum mention by the OP as either "tongue in cheek" or sarcasm. But again I might be wrong.