Advanced Parole while awaiting AOS

[Jude and Fiorella 0]

Hola gente,

I am not sure if this is the correct forum for this question (I'm sure that the VisaJourney Gods will let me know)

Nevertheless, I am in DESPERATE need of guidance on this matter. I have been trying to convince my wife that Advanced Parole (Form I-131) will allow her to return from visiting her country.

She came here on a K-1 visa.

We married within 90 days.

We filed the AOS packet (I-485) with along with Employment Authorization (I-765) and Advanced Parole (I-131)

I-765 was approved; she received her work permit card, and on the bottom it says "valid for advanced parole"

We are still waiting on AOS.

I have told her countless times that Advanced Parole is for reentry into the US, and that since she has it, she would be able to visit her country without any problems on return. However, her friends keep telling her that she needs her full-on greencard to travel. Can someone please clear things up for me/her/us??

Her passport bears her maiden name. Her work authorization card bears her married name.

From what I have read, in order to travel, she will need to buy the ticket under her passport name, but then use the combo Work Auth./Advanced Parole card upon reentering the US.

Is this the case?

You guys have been so very helpful in the past.

My sincerest thanks for all your help,

Jude

[Ralph and Meghan 19]

in short your right. A AP can be used for reentry into the US.

[baron555 934]

in short your right. A AP can be used for reentry into the US.

Yep. I'd also have her carry a copy of the 485 submittal and the 797 notice of receipt of that.

My wife and son did the same on an AP (their GCs arrived while they were gone) and they had zero trouble.

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry about AP document~

[A&M21 21]

I have told her countless times that Advanced Parole is for reentry into the US, and that since she has it, she would be able to visit her country without any problems on return. However, her friends keep telling her that she needs her full-on greencard to travel. Can someone please clear things up for me/her/us??

Jude

I personally wouldn't go. It is true that advanced parole can be used for re-entry but it depends on the IO ad the CBP. I would say wait a little bit longer and be sure for sure that you will have your sweetheart back. Peruvian to Peruvian

[KayDeeCee 4,896]

No need to wait for the green card. Yes, AP is used to re-enter the US when traveling while waiting for the green card approval. That is its purpose. She can use it. You can do a search about re-entering with AP to read others experiences. And yes, she would get the plane ticket in the name that matches her passport and then bring a copy of her marriage certificate with her in case it is needed when going through secondary with the AP in her married name.

The main problem I have seen a few people have with AP is some airline workers in the foreign countries not knowing about the EAD/AP card, even though it has been issued that way for almost 3 years now. Just check with the airline she will board to fly back to the US to make sure they know and recognize the EAD/AP combo card so she will have no hassles returning.

Edited January 10, 2014 by Jay-Kay

[Jude and Fiorella 0]

Thanks,guys, you're the best!!

Now she knows that she can travel!

[Hypnos 6,578]

Does she have any overstay? How long between her I-94 expiring and the "received" date on the I-485 receipt?

[Jude and Fiorella 0]

The I-94 expired on September 12, and the I-485 was received on September 24, so yeah there was some time in between. Does this affect her ability to travel?? She just received clearance to get her drivers license..would that help at all?

[slowlyman 118]

Less then 90 days overstay and she should be ok.

Just so you understand, the AP does not guarantee entry to the US, or boarding privileges at the departure airport.

She will most likely be allow to enter, you have to be aware there is a risk. Bring your AOS NOA1, Marriage certificate, and of course the AP/EAD card.

[agrabs 246]

My husband was one of the few unlucky ones who had a problem traveling with the AP card. The problem was NOT with IO or CBP.

Our problem was with Frontier Airlines in Mexico not recognizing the AP card as valid travel documents. They would not issue him a boarding pass for our return flight home.

Make sure your airline is familiar with the combo card and you will have no problems. As a follow-up note on that - the IO even said frontier was wrong recommended I file a complaint against frontier airlines and follow-up with them, which I did relentlessly. The last communication I received from them states they stand behind their decision to deny the boarding pass....

[slowlyman 118]

The problem is if a person gets here and is denied entry, the airline has to provide a return flight. So they will always default to "no fly" if there is any question.

Talk to the carrier, if possible get an email or print out a webpage indicating the airline policy to except The AP card.