AOS from K-1 With Expired I-94

[amberlynnloves 125]

Ok so here is the situation.

I was out of work for a few months with a work related injury. I am back to work now and we are sending off my husband's AOS package Friday. He entered the US on 12-23-2012. We married on 2-16-2013 and his I-94 expired 03-23-2013. So he is less than 90 days out of status. After we send off the package and he receives AP and EAD, with an overstay of less than 90 days, what are his chances of getting a ban when he uses the AP to go home and visit?

I do not want to have any issues. Should he even use the AP or just wait for the green card to be received before travel?

And how hard is it to travel with AP?

He is from Canada.

Thank you for your help!!

[Hypnos 6,576]

You need 180 days of overstay for the first ban (three years) to kick in.

[newlyweds2010 208]

Does he absolutely need to go home, or can he wait a couple of months until he gets his GC?

[KayDeeCee 4,893]

Ok so here is the situation.

I was out of work for a few months with a work related injury. I am back to work now and we are sending off my husband's AOS package Friday. He entered the US on 12-23-2012. We married on 2-16-2013 and his I-94 expired 03-23-2013. So he is less than 90 days out of status. After we send off the package and he receives AP and EAD, with an overstay of less than 90 days, what are his chances of getting a ban when he uses the AP to go home and visit?

I do not want to have any issues. Should he even use the AP or just wait for the green card to be received before travel?

And how hard is it to travel with AP?

He is from Canada.

Thank you for your help!!

None.

As Hypnos stated, less than 180 days triggers no ban.