Adam Macy

As a follow-up on my post above and if helpful for someone else who had or will experience the same situation, I checked the USCIS website and found out that when the border officers make a mistake on your immigration status when you are admitted in the US you need to have it fixed by visiting the relevant Deferred Inspection Unit which varies depending on your POE. In my case, the unit was located in Terminal 5 of JFK. I first called them and they confirmed they needed to amend the status from admitted to paroled in the US. The process was pretty easy, I went back to the airport a few days after I came back to the US and handed the officers my passport and AP document, in and out in 15 minutes.

Hi everyone! I have a quick question regarding re-entry with AP. I have used my AP document while my AOS application is pending twice. It’s a paper AP, not a combo card. First time I used it, I was sent to secondary inspection and the border officer stamped the original AP form as well as my passport with a parole stamp. Today I used it for a second time, was not sent to secondary inspection - which I understand it’s likely but doesn’t happen all the time - and the stamp on the passport read “admitted” and not paroled. I am confused/slightly worried that this might have been a mistake on the border agent but maybe since I was using the AP for the second time this is the correct stamp. Has anyone travelled with their AP for at least two times and have the same situation? Should I be worry? I have a valid AP document until May 2023 so but I am a bit worried about the stamp on my passport. Any thoughts on the above would be much appreciated. Thanks!

Hi Estaban! I did not have the exact same situation you are describing but wanted to share my experience with you in case it is helpful. While my K1 fiancé visa was pending (I am a Spanish citizen, my now husband is a US citizen), I travelled 4 times to the US under the ESTA to come visit him and never had a problem at the border. I know it is not the exact same scenario you are describing because I used the ESTA and not a student visa but this is to confirm you that your fiancé can travel to the US while the K1 is pending. Last time I entered the US without my K1 visa having been approved, I did it for almost 3 months - which is the maximum amount of time I could stay at a time in the US when traveling with ESTA and the period you mentioned your fiancé program would last - and this time the border officer asked me if I had a returned flight ticket home - which I had - and I was let in. In my opinion, as long as you can prove to the officer that after the program is over it is her intention to return to her home country, I do not see why they would not let her in using her student visa which is a non immigrant visa in any case. Hope this is helpful. Good luck!