AP for Spouse - Advise please !!

[islamabadi]

My wife entered US on January 17, 1997 on B2 (visitor) visa.
We met and got married June 13, 1997 (Did not wana lose her
Her I-94 expired July 17, 1997
We filed I-130 RD August 25, 1997 (39 days after I-94 expired)
Since then I-130 has been approved and I have become US citizen. We therefore filed her I-485 (RD September 13, 2001).

Now I am being sent on an expat assignment in June, 2003 by major US company. Considering the slow speed at Chicago there still can be over a year more wait until we have interview. Therefore we must apply for her AP. Questions are:

- Is INS going to give her AP, considering she was in the US without a valid I-94 before her I-130 was filed.
- If INS does give her AP, is it advisable for her to travel?
- Does travelling for a major US company abroad make any difference?

Any help and guidance from senior members will be greatly appreciated.

Thanks

 

[jaxen]

There is no problem with getting AP. Using AP will be a trap. The POE inspector will do secondary inspection for AP users and will definitely discover the out of status days. She will be denied entry - most likely.
Even Travelling for the white house will not make any difference..

Do you have evidence of filing for the visitor visa extension back in July 1997? then she is good for travel using AP...

 

[islamabadi]

Thanks Jaxen for the reply. That is what I feared as well. Anyways, I hope we hear from Chicago Office soon.

Cheers