Leaving the country while AOS is pending

[rebeccajo 14]

LaL...

I don't think this woman should be traveling.

I suppose. I just was recalling John&Annie who entered August 2005 on VWP - didnt file for AOS until August of the next year (2006), and used AP without any problems.

Right. It's a risk and one the immigrant has to weigh. All may turn out well or it could turn bad.

I would have done a cut/paste from the link I gave above but the page wouldn't let me do it.

[jula 0]

K-1 visa was expired when your wife entered US, since it's one-time-entry-only visa.

I know a couple who married in 90 days period of K-1, but haven't filed AOS yet.... longer than 180 days... and stay in US without problem. Actually the wife got EAD. They cannot afford AOS filing fee.

When a person enters USA on K1, he/she is authorised to stay and work until I-94 expires. Once marriage takes place, he/she needs to adjust status. Between I-94 expiration and filling for AOS (incl. EAD), and getting EAD that person is not authorised to work. If the status in between is "legal" by the books, why that person can't legaly work for example?

K&W, I have no idea how the wife got EAD without filing for AOS.

USCIS doesn't go after people who don't file for AOS immediately. They have more pressing issues... And they know that person will be able to AOS as immediate family member of USC anyway.

Even with AP, lawyers say "it's risky, when you come back, your application might be denied." Lawyers are lawyers.

Lawyers don't like APs even when the record is "clean" because there is a huge difference between being "admitted" into the USA and being "paroled"(person enters using AP). When one is "paroled", his/her admittance is conditional and position much weaker from legal stand point.

rebeccajo, I searched for John&Annie's story but couldn't find anything. Do you know if they finished AOS?

[LaL 418]

rebeccajo, I searched for John&Annie's story but couldn't find anything. Do you know if they finished AOS?

Yes, they did.