Travelling while waiting for green card. Overstay?

[Enorman 0]

Hello, so I have a really important question to ask regarding travelling outside the US, while waiting for our AOS to finish and receive my green card.

I arrived in the US on Jan 2013 on a K1 Visa, got married on March 10th 2013. My I-94 expired around the end of April. Due to problems with my wife's taxes and a family issue, we never filled for AOS until around the beginning of January this year. My employment authorization and my advanced parole combo card arrived earlier this year.

We received a letter in April or May saying that we were marked as a low risk and may not require an interview at all, however, due to heavy work load in their offices, the AOS will be delayed, and that if for any reason anything changed and I'm required at any point to attend an interview, they would let me know.

Well, my father is getting married next weekend, and I was planning to attend, I'm all set and ready to leave, but I was looking around just to check if I should bring anything other than my passport and eployment auth/travel auth and started to read about overstay on the I-94 and I'm worried if that will be a problem for me since sending my AOS off in the first place got delayed for so long. I didn't know an overstay was an issue.

I'm really worried because I need to be there for my dads wedding, but I don't want to be denied entry or to be banned from entering back into the US.

If anyone could clarify how it works with the K1 visa, and what I should do, I would be eternally grateful.

[C-ma'am 684]

**Post moved from AOS from family based visas to Working & Traveling during US Immigration, as the question is related to this topic

[Hypnos 6,578]

Per Matter of Arrabally and Yerrabelly, a departure under AP is not considered to be one that invokes the overstay bars.

There is no guarantee of readmission on AP, and you are rolling the dice that the CBP officer you see on that day is aware of the law and this recent BIA decision.

If you do decide to travel, it might be helpful if you posted back here saying what ultimately happened.

Edited July 3, 2014 by Hypnos

[Fan_Dancer 171]

It is fairly risky. From what I understand, you should not leave the US if you have more than 180 days of overstay (the period between when your 90 days were up until you got the NOA1 from AOS). I would make sure to bring the AOS documentation as well if you are willing to go for it despite the fairly consistent chance of not getting parolled back into the US.

BTW, you were not marked "low profile", those letters are pretty random. I got two, and still got an interview, and were handed a RFE during the interview.

[Enorman 0]

Per Matter of Arrabally and Yerrabelly, a departure under AP is not considered to be one that invokes the overstay bars.

There is no guarantee of readmission on AP, and you are rolling the dice that the CBP officer you see on that day is aware of the law and this recent BIA decision.

If you do decide to travel, it might be helpful if you posted back here saying what ultimately happened.

I do thank you for bringing the "Matter of Arrabally and Yerrabelly" to my attention. The original post bringing fear to me was made back in 2011, however, the "Matter of Arrabally and Yerrabelly" was a decision decided on in 2012, which seems to state that traveling with advance parole does no count as a "departure" and that people with pending adjustment applications and advance parole permission would NOT be considered to trigger any time bars where you would be denied entry.

So, by that, since my AOS has been received and is processing, and that I have received my AP, they shouldn't legally be able to deny me entry based on this decision? (obviously I know that someone may not know and try to impose the ban, but I could fight the ban later with backing?).

I'll wait for some more answers, I don't want to risk anything that will keep me away from my wife, she is my everything.

[Hypnos 6,578]

If you want zero risk, don't go.

If you go, I'd guesstimate a minimal risk. Under the letter of the law you should not have the overstay bars, but CBP have done stupid and incorrect things before.

[nobbie 105]

I'd go, with passport, AP and maybe take your NOA1 with you. They will see when you re enter that you have A0S in the pipeline, it's on their monitors at POE, I've used AP 3 times now and about to use it again, did not have the overstay issue though.

[PhilLuv 43]

I'd go, with passport, AP and maybe take your NOA1 with you. They will see when you re enter that you have A0S in the pipeline, it's on their monitors at POE, I've used AP 3 times now and about to use it again, did not have the overstay issue though.

Hi Nobie, how long did you stay each time you traveled outside the US? Were you asked why you traveling so often? I used an emergency AP earlier in March for 12 weeks dealing with funeral. Now I am out to finalize the estate so likely to be away for further 12 weeks. I don't envisage any issue as I would have documents to support my travels.