Clarify a debate

[Mykuls Merry Ann 4]

Just trying to get a straight answer on a debate on an other forum.

I came over on an approved K1, married within 90 days but only now AOS 2 years later since we married,I'm I classed as here illegaly, on an overstay or out of status?

For financial reasons we didn't get round to AOS after we married. We were going to send all the paper work about 2-3 months ago but was advised by some VJ member to hold of untill we were 2 years married then file the I-485 and I-130 (to get the 10 years green card)

I have also just been told today by a VJ member not to send in the 1-130 travel document as I can't travel until my green card is approved. Is this correct?

Thanks

You can send in your I-130, and I-765 with your I-485. But you should not travel with the AP until you have your GC...I think people are thinking you will travel without your GC? Were you planning on traveling before you got your GC? I did not see you say that...What I see you asking is that you want to know if its ok to file all of these documents concurrently. Correct?

The answer to that is yes. But you should not travel until you get your GC.

[Harpa Timsah 13,258]

A GC holder does not need AP to travel. You don't "travel on AP with a GC." Once you have a GC, AP is no longer needed. AP is a temporary travel document for people with pending AOS applications. Since the OP has been out of status for 2 years, then he cannot use AP because he will trigger a ban. Once he gets GC he can travel freely. He will not be penalized in any way for his out of status time for the AOS process, except that he cannot use AP to travel.

Edited March 10, 2011 by Harpa Timsah

[VanessaTony 3,567]

You can send in your I-130, and I-765 with your I-485. But you should not travel with the AP until you have your GC...I think people are thinking you will travel without your GC? Were you planning on traveling before you got your GC? I did not see you say that...What I see you asking is that you want to know if its ok to file all of these documents concurrently. Correct?

The answer to that is yes. But you should not travel until you get your GC.

Just to reiterate - the GC overrides the AP. The AP is voided once the GC is approved. The OP can travel on their GC alone. The I-131 is while the GC is waiting and the OP has overstay so shouldn't waste their time applying for something they can't use.