Advance Parole for Wife waiting for 485

I

islamabadi

Registered Users (C)
I am a US citizen and my wife is currently waiting for I-485 with a RD of September 13, 2001. We have tried to contact INS but have not been successful. My wife was here on B-2 (visit visa) when we met and decided to get married. Since then she has not left the country and we filed for her right away. Our petition was later approved and we then filed for her I-485.

The question is, is she considered an out of status even when a case was filed for her before her B2 was expired?

Also, we have a need to leave the country (expat to another country through my company). Is it advisable to get an Advanced Parole for her? and if we do get the Advance Parole, can she be not allowed in US later when she returns.

Any help or guidance will be greatly appreciated.

Thanks
 
For US Citizens petitioning, the beneficiary will be in valid status if the case was filed before the I-94 expiry (not the visa validity) and until the INS determines the outcome.

AP is absolutely required for trips outside the US. How else can she enter the US?

Note: You may also need to convince the INS that she did not enter the US on B1 visa with the intention to get married here and apply for I-485.

Good Luck!
 
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