i-131 supplement question

[johnnyv 20]

According to the guide, I need to submit a supplement with the i-131 (with our i-485 package) but I'm concerned on the attachment.

The attachment on this website says I have not at any time accrued 180 continuous days of unlawful presence within the United States. [iF YOU HAVE ACCRUED OVER 180 CONTINUOUS DAYS OF UNLAWFUL STATUS AND YOU LEAVE THE UNITED STATES YOU MAY BE SUBJECT TO A 3 OR 10 YEAR BAN FROM THE UNITED STATES UPON ATTEMPTING TO RE-ENTER THE COUNTRY]

Now I'm not sure if I'm worried for no reason or not. Let me explain. She entered the states on 4/11/14 on her k-1 visa. We got married on 5/15/14, well within 90 days. We haven't filed AOS yet as we moved to a different state so I had to start over (they were aware of this at her interview). My concern is the 180 days of unlawful status. Since her i-94 has expired, is she her unlawfully, and by my calculation, 180 days was at January 7th. Should I just delete this portion of the letter entirely or what?

[Hypnos 6,576]

1) You do not need to include anything with the I-131 other than its required supporting documents.

2) Per Matter of Arrabally and Yerrabelly, the overstay bars do not apply to an alien with a valid AP document even if they have enough overstay to trigger one of them.

Edited January 10, 2015 by Hypnos

[KayDeeCee 4,893]

You can apply for and use AP as an adjustment applicant. No reason or extra explanation sheet is needed with your I-131.

http://www.state.gov...ation/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

Edited January 10, 2015 by KayDeeCee