Is it safe to travel?

[GreenApp 0]

My husband came here several years ago on an F-1 student visa. The visa was originally for ESL school for 3 months, but then he continued to enroll in another school and get his Associates Degree, then got his OPT, and is now getting his bachelors. He has been 'in status'/enrolled in school the entire time before we met and got married, but his visa had technically expired (so he was not allowed to leave and then reenter the country).

My question is this: We have now applied for AOS and received his AP. Is it safe for him to leave the country and reenter with the AP document? It seems like this is the whole purpose of the AP, but I have also heard that it is not safe for him to leave because his visa is technically expired.

Worst case scenario we could wait until he gets the GC (we don't even have the interview date yet), but he is really itching to go home and visit.

Anyone have advice/experience with this?

Thanks!

[YuAndDan 153]

This is no different than people who entered the USA on a K-1 and have AP, the K-1 is VOIDED upon entry, and all they have to re-enter on is the AP document.

So yes it is save to use that AP, that is what it is for.

http://www.visajourney.com/timeline/profile.php?id=44967

Please update profile, the immigrant does come from a foreign country, Not N/A, and you are AOS pending not N/A

http://www.visajourney.com/forums/index.ph...rCP&CODE=01

[eau_xplain 2]

First he needs to determine if he has technically accumulate any overstay. Does his I-94 have any "valid thru" date?

If his I-94 shows that he has an overstay of more than 6 months, then he should not travel on AP. Even the USCIS says the AP does not prevent any possible bars from being activated once the AP holder tries to re-enter the country.