Question on Combo Card and travel

[Katiedog 6]

This question has probably been answered already on the forums, but I could not find specific information about the certain situation for my wife and I. My wife's K-1 Visa expired months before we did apply for her I-485 Green Card, I-131 Permission to Travel and I-765 Permission to Work cards. I suppose even though we were married less than a month after her arrival, technically she was in some sort of limbo legally being in the USA as my wife before we applied for her Green Card and other documents as best I can understand. Does this mean that she was unlawfully in the USA during this time before we applied for her I-485, I-765 and I-131?

Meanwhile the I-765 Green Card is still in process and I guess the I-131 Request for Permission to Travel is also in process, but her Combo EAD Card arrived and states "SERVES AS I-512 ADVANCE PAROLE" and has been issued for one year. It is her official US Resident ID now and we will obtain her Social Security Number with it.

The information sent with the card says that she can travel outside of the USA and return, but there are several "back door" escape clauses listed in the information if for some reason the DHS or some US Customs personnel decide to not let her enter the USA when she returns from Ukraine. So basically since she was in legal limbo without a Green Card and having an expired K-1, would this be a reason for them to deny her admittance back into the USA while her I-485 application is in process?

It looks like the card is just a flimsy way for the DHS or Customs or whomever is "official" to create a problem for her to re-enter the USA if they so desire. They also state that if card holder has been in the USA unlawfully more than 180 days, the card holder may be denied re-entry into the USA. Am I wrong?

Is it risky to travel with this card while the I-485 and I-131 are in processing? The card is seemingly not so great to rely upon for travel.

[Hypnos 6,576]

If it was at least 180 days between your wife's I-94 expiry date and the date that USCIS accepted her I-485 for processing, then she likely has a three year bar from the US which will be triggered when she departs. If it was less than 180 days between these two events then she should be fine to use AP to travel internationally and then return.

BIA decisions in Matters of Arrabally and Yerrabelly overturn this, and state that even with the overstay an alien with AP can travel internationally, but this is not yet settled and so you should not rely upon it at the current time (it might work, it might not).

It is always a risk to travel on AP. For most people the risk is minimal, but it might be bigger for certain individuals. Unless her travel is essential then I would advise that your wife remains in the US until the issuance of her green card, but ultimately it's up to you.

Edited September 3, 2013 by Hypnos

[Gary and Alla 3,694]

This question has probably been answered already on the forums, but I could not find specific information about the certain situation for my wife and I. My wife's K-1 Visa expired months before we did apply for her I-485 Green Card, I-131 Permission to Travel and I-765 Permission to Work cards. I suppose even though we were married less than a month after her arrival, technically she was in some sort of limbo legally being in the USA as my wife before we applied for her Green Card and other documents as best I can understand. Does this mean that she was unlawfully in the USA during this time before we applied for her I-485, I-765 and I-131?

Meanwhile the I-765 Green Card is still in process and I guess the I-131 Request for Permission to Travel is also in process, but her Combo EAD Card arrived and states "SERVES AS I-512 ADVANCE PAROLE" and has been issued for one year. It is her official US Resident ID now and we will obtain her Social Security Number with it.

The information sent with the card says that she can travel outside of the USA and return, but there are several "back door" escape clauses listed in the information if for some reason the DHS or some US Customs personnel decide to not let her enter the USA when she returns from Ukraine. So basically since she was in legal limbo without a Green Card and having an expired K-1, would this be a reason for them to deny her admittance back into the USA while her I-485 application is in process?

It looks like the card is just a flimsy way for the DHS or Customs or whomever is "official" to create a problem for her to re-enter the USA if they so desire. They also state that if card holder has been in the USA unlawfully more than 180 days, the card holder may be denied re-entry into the USA. Am I wrong?

Is it risky to travel with this card while the I-485 and I-131 are in processing? The card is seemingly not so great to rely upon for travel.

1. She was never in "legal limbo" She was legal. Her visa was cancelled when she entered the USA, it did not "expire". The expiration applies ONLY if you do not enter the USA. It is a single entry visa...like a postage stamp. Once used it is cancelled. The expiration date is meaningless, ignore it.

3. Her privilege to file for adjustment after legally entering and getting married as agreed has no specific time requirement. You are fine.

4, ANY person not a citizen CAN be denied entry into the the USA at ANY time. Even when she has a green card she CAN be denied. If you are worrying about the fine print...worry about something else. The back door escape clauses exist until she gets a US passport. Then they cannot deny her entry, but could put her in prison if she is doing something criminal. It is not a "flimsy way" to deny her entry.

5. Your wife has NEVER been in the USA illegally (at least not from what you tell us regarding the K-1)

Go on vacation! Sleep well!

Edited September 5, 2013 by Gary and Alla

[Gary and Alla 3,694]

If it was at least 180 days between your wife's I-94 expiry date and the date that USCIS accepted her I-485 for processing, then she likely has a three year bar from the US which will be triggered when she departs. If it was less than 180 days between these two events then she should be fine to use AP to travel internationally and then return.

BIA decisions in Matters of Arrabally and Yerrabelly overturn this, and state that even with the overstay an alien with AP can travel internationally, but this is not yet settled and so you should not rely upon it at the current time (it might work, it might not).

It is always a risk to travel on AP. For most people the risk is minimal, but it might be bigger for certain individuals. Unless her travel is essential then I would advise that your wife remains in the US until the issuance of her green card, but ultimately it's up to you.

You are wrong,

THERE IS NO deadline for filing AOS once you have entered the USA with a K-1 visa and been married within 90 days. Period. I am not guessing.

OP...go on vacation. Have fun.

Edited September 5, 2013 by Gary and Alla

[Gary and Alla 3,694]

If it was at least 180 days between your wife's I-94 expiry date and the date that USCIS accepted her I-485 for processing, then she likely has a three year bar from the US which will be triggered when she departs. If it was less than 180 days between these two events then she should be fine to use AP to travel internationally and then return.

BIA decisions in Matters of Arrabally and Yerrabelly overturn this, and state that even with the overstay an alien with AP can travel internationally, but this is not yet settled and so you should not rely upon it at the current time (it might work, it might not).

It is always a risk to travel on AP. For most people the risk is minimal, but it might be bigger for certain individuals. Unless her travel is essential then I would advise that your wife remains in the US until the issuance of her green card, but ultimately it's up to you.

Refer to exceptions for ineligibilty to file an I-485, 6(b). Exempts the spouse of a US citizen that entered the US with a K-1 visa and married the petitioner within 90 days of the entry.

There is no deadline whatsoever. As long as she married the petitioner before the expiry of the I-94, she is good to go.

We spent the last week of our summer vacation with our friends in Kharkiv. Wonderful city! I hope you get to enjoy it with your wife! We just got back 2 days ago!

[Hypnos 6,576]

You are wrong,

THERE IS NO deadline for filing AOS once you have entered the USA with a K-1 visa and been married within 90 days. Period. I am not guessing.

Read the OP again. We're talking about travelling internationally after an AoS has been filed (but before it has been granted); if it was at least 180 days between the I-94 expiring and the AoS being filed, then the OP likely has a three year bar from the US (and if it was 365 days of overstay then it's a ten year bar). We're not saying the OP cannot file for AoS; provided she entered on the K-1 and married her petitioner within 90 days of PoE then she is eligible to file whenever she wishes, but she might have issues using AP under the conditions I described above.

None of what I posted was incorrect.

Edited September 6, 2013 by Hypnos

[Gary and Alla 3,694]

Read the OP again. We're talking about travelling internationally after an AoS has been filed (but before it has been granted); if it was at least 180 days between the I-94 expiring and the AoS being filed, then the OP likely has a three year bar from the US (and if it was 365 days of overstay then it's a ten year bar). We're not saying the OP cannot file for AoS; provided she entered on the K-1 and married her petitioner within 90 days of PoE then she is eligible to file whenever she wishes, but she might have issues using AP under the conditions I described above.

None of what I posted was incorrect.

More incorrect info. Stop imagining things and post the link to where she would incur a bar as a K-1 who entered and married within 90 days of arrival.. The instructions for the I-485 are available above, I quoted the pertinent parts.

Read the instructions for the I-485. She is a K-1 beneficiary who was married within 90 days of arrival and holds a valid combination card for work and travel. Stop imagining BS to worry the OP. Back up your statements with links to the rules.

I wish the OP and his bride fun on their trip.

If there were any issues, she would not be issued the AP or the combo card. For example, NOT marrying within 90 days and also having to file an I-130 with the I-485 would make her ineligible to receive the AP or EAD and any such application would be rejected.

[Hypnos 6,576]

If there were any issues, she would not be issued the AP or the combo card.

100% wrong. USCIS will grant AP provided you are entitled to receive it (such as a person currently adjusting status); they make no determination as to whether using it will cause you issues. If you are entitled to it, they will grant it, period.

INA 212 (a) (9) (B):

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States is inadmissible.

You are out of your depth here.

Edited September 7, 2013 by Hypnos

[Harpa Timsah 13,258]

Hypnos is correct, as usual. You are spouting a lot of nonsense, as usual. All of this is explained on the AP when they give it to you, as a warning. And for your example, a person on a K-1 who didn't marry in the 90 days but married shortly thereafter and applied for AP could get one and use it with no penalty, depending on the timing.

There is no deadline to file AOS because overstay is irrelevant/forgiven for spouses of USCs who adjust in-country. Any overstay will not be an impediment to getting a GC. And one the GC is approved any overstay will be erased and not matter any more. But it doesn't work like that with AP. If a person has 180 days or more of overstay, they should not use AP. A K-1 overstays every day after the I-94 expires just like any other visa. FIling AOS stops the overstay clock.

Edited September 7, 2013 by Harpa Timsah

[Katiedog 6]

Thankyou all. Especially Gary and Alla as I know you are one of the cornerstones of this forum. My wife only misses her family but she loves the US. She does NOT miss Ukraine and Kharkiv, but I do. Of course I did not grow up there either LOL.