AP (I-131) Confusion

[SV350z 3]

Hi everyone,

My fiance has a K1 visa and entered the US on the 4th of Dec.

We are about to get married. According to my understanding once the fiance enters the US they get 90 days to marry and the controlling document becomes the I-94 (Digital). The actual K1 visa in the passport expires next month.

My question is about AP. I read that if the person leaves on AP but is "overstayed" then they will not be permitted back in. We want to file AP together with the AOS and travel out of the country for 2 months for personal reasons. If my fiance gets AP approved and we travel would there be a huge risk? Is my fiance overstaying or breaking any rules? I know it sounds illogical but this is all very confusing!

Thank you

[IandR 0]

Once you get married in the USA, file your AOS and AP paperwork together, the K-1 Visa limitations "disappear." Your AOS NOA is now your "legal permission" to remain in the USA. Then, you wait for your AP approval documents, which can take three months and you should not leave the USA until you complete the biometrics interview, which is part of the AOS process.

You always take on a risk if you leave the USA during the AOS process. Just having AP documents does not mean the Port of Entry Homeland Security Officer will let you in without passing their judgement of the situation. Your personal reasons for travelling out of the USA will be a part of your AP application. You have to have a good reason to leave the USA and be truthful on everything you say and do during the AOS time period. If there is any way to wait for a green card and stay in the USA, then travel, you have essentially zero risk.

[aaron2020 11,651]

Once you get married in the USA, file your AOS and AP paperwork together, the K-1 Visa limitations "disappear." Your AOS NOA is now your "legal permission" to remain in the USA. Then, you wait for your AP approval documents, which can take three months and you should not leave the USA until you complete the biometrics interview, which is part of the AOS process.

You always take on a risk if you leave the USA during the AOS process. Just having AP documents does not mean the Port of Entry Homeland Security Officer will let you in without passing their judgement of the situation. Your personal reasons for travelling out of the USA will be a part of your AP application. You have to have a good reason to leave the USA and be truthful on everything you say and do during the AOS time period. If there is any way to wait for a green card and stay in the USA, then travel, you have essentially zero risk.

They can travel for any reason. While traveling with AP may be difficult because airline employees are unfamiliar with it, I don't recall anyone having problems traveling with AP on a vacation and coming back to the US.

[aaron2020 11,651]

Hi everyone,

My fiance has a K1 visa and entered the US on the 4th of Dec.

We are about to get married. According to my understanding once the fiance enters the US they get 90 days to marry and the controlling document becomes the I-94 (Digital). The actual K1 visa in the passport expires next month.

My question is about AP. I read that if the person leaves on AP but is "overstayed" then they will not be permitted back in. We want to file AP together with the AOS and travel out of the country for 2 months for personal reasons. If my fiance gets AP approved and we travel would there be a huge risk? No huge risk. Is my fiance overstaying or breaking any rules? No. She would only be overstaying her visa if you do not file for AOS before her I-94 expires in March. I know it sounds illogical but this is all very confusing!

Thank you

The K-1 is a single use visa which expired once she used it. The expiration date is the used by date. It has nothing to do with her allowed time in the US. The I-94 controls how much time she has legally in the US.

Once you file AOS, she is authorized to stay in the US legally. Overstays become irrelevant once you file for AOS. Your fiance has until Mar. 3 before she overstays.

When she gets her AP, she can leave. You can travel for whatever reason you like. There is no "huge" risk. This was litigated.

[Hypnos 6,576]

Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a pending I-485 who has been granted AP.