Do you think travelling on the AP would be ok?

[sunshinelove 52]

Ok so here's the situation. My wife moved to the US on the k1 visa in May 2017. We got married in June 2017 and her i-94 expired in August 2017. I'm putting our AOS packet in the mail tomorrow (Jan 5, 2018). So my question is, is it "safe" to travel when we get her AP since her i-94 has been expired around 5 months now? I'm reading a lot of people say it's fine to travel and a breeze to come back with AP (they don't mention any overstay) and others saying it's not a good idea bc the time between the expiration of the i-94 and AOS accruing overstay days. I just want to be safe about all this and I know not all couples can file for AOS before the i-94 expires. Thanks

[Scandi 4,166]

They grant her an AP for a reason. Of course she should travel, that's what the AP is for. Doesn't matter that there was an overstay prior to the AP being granted, if the AP is valid she can travel just fine.

 

Just avoid doing criminal stuff and/or visit any of the countries on the travel ban list.

Edited January 5, 2018 by Scandi

[Dashinka 24,495]

Are you concerned with the period between the expiration of the I94 and the filing of the AOS?  If so, that overstay will be forgiven with the filing of the AOS.  As to the original question, yes, as @Scandi said, she should be fine.

 

Good Luck!

[sunshinelove 52]

Yes, exactly. I'd be losing my mind if she went home to see her family and then they banned her from the US for 3 years. I just sent off for AOS today (YAY!) and they should get it Monday so the time of overstay would be around 150 days. I know it's not 180 yet, which is where they begin to ban, but it still makes me uneasy. 

[ElGuapo88 19]

I would consult with an attorney just in case.  I was also on an overstay when I filed my AOS, although longer than your wife's, but to be on the safe side my attorney did not even file for AP since he advised me that it is risky leaving and coming back in with a previous overstay.  Remember that nothing is set in stone, even with a green card (for example, if you have a criminal history or recently got into trouble you could run into problems with CBP on reentry).  Of course, once you complete your AOS any previous overstay is forgiven, but until you become a citizen you can always be found inadmissible or deportable even as a LPR with a valid green card.  I'm sure many people have traveled with no problems, but if there was even one case where someone had issues that would make me think twice about it.  Like you said, is the risk of being banned for 3 years worth the reward of going on a trip to see her family?  It will take way more than 30 days for your wife to get her AP, during which she would be past the 180 day mark.  I'm not sure if the overstay clock stops as soon as they receive your paperwork or if it keeps running until you get your AP.  It's tough, but my personal opinion would be to just ride it out a few months until you're done with the AOS process and then go see her family worry free.  Good luck!