Travelling on AP before Interview

[Strawberry Bride 0]

Hello fellow Journeyers!

My husband and I have been planning a trip to my hometown in Canada to attend a friends wedding, now that I have my AP/EAD confirmed. However, we just received our notice for our interview this morning, and it's the week after we return home! Does leaving the country before our interview pose a risk to my i485?

I am also very nervous about our interview. Because I entered the US on a B2 Visa and ended up married instead of reaching my original destination of Toronto, I'm worried it will seem like I have entered the US with intent to marry. However, I do have the papers from the travellers insurance I bought before coming down.. will this help my case in the interview? Also, can our pending trip up north together be used as supporting evidence for a legitimate marriage? Am I way more worried than I should be?

Help!

<3 SB

[Inky 1,110]

If you have an overstay from a tourist visa, I would not recommend using AP. Overstaying and then traveling can get you a ban even if you have AP they don't have to let you in because of the ban. If you trigger the ban and then your AOS is abandoned and canceled.

[Harpa Timsah 13,258]

If you don't have overstay, on the other hand, then you can use your AP. That is what it is for. I was also scared for my husband to use it but my fear was unwarranted and he got back just fine. Yes, your trip together can be used as proof of a real marriage. Have fun!

[Strawberry Bride 0]

If you have an overstay from a tourist visa, I would not recommend using AP. Overstaying and then traveling can get you a ban even if you have AP they don't have to let you in because of the ban. If you trigger the ban and then your AOS is abandoned and canceled.

What is considered an overstay? I have been in the US since December. Is there any way to get a (very quick) extension?

[Little_My 464]

You have overstayed if the date on your first NOA from USCIS is later than the expiration date of the visa you are adjusting status from. Right now you are on a new period of authorized stay since you have a pending AOS, but the question is if your previous visa expired before USCIS received your AOS application. If you have an I-94 card, the date on that card tells you when your previous period (before AOS) of authorized stay ended.

Otherwise, traveling with the AP is not a problem at all. I just did it twice over the summer and had no problems whatsoever.

[Strawberry Bride 0]

I am adjusting status from a B2 Visitors Visa. I did not receive an I-94. Assuming a B2 Visa is good for 6 months, I applied for my AOS well within the 6-month timeline. My AP says it is valid until May 2012. I should be OK to travel?

Thanks everyone for your help!

[Harpa Timsah 13,258]

Yes, then you have no overstay if you applied for AOS before the 6 months was up. Have a fun trip! Bring the AP with you!