AP, use or not use?

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emc1234

Registered Users (C)
This is the question I posted in anothre thread. I did not get any answer. If anyone knows, please tell me. thankyou.

i am waiting for oath letter. my wife will lose job in a couple of months. In another word, my wife's legal status will expire in a couple of months. And she and I will definately leave country for a visit this summer. so the question is

1) if I file AP for her before her visa expiration, and she receive AP after her visa expiration, could she then leave the country and reenter?
2) if AP filing and receiving all happen after her visa expiration, could she then leave the country and reenter?
3) what is the 3/10 year rule? if she leaves US after her visa expiration, but within 6 months, could she come back immdiately with B2 or barred from reentry for certain time?

any recommendations? how about we leave US for the visit and she reenter with B2 and then I apply her 130+485?
 
Thanks Joe. AP will be filed along with I-130+I-485. What if people is out of status for less than 6 months and leave the country? Can he reenter without waiting for certain time on a valid visa such as B2, H1 or K3?

how long would it take to apply for K3?
 
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