F-1 Out of Status, Recently Married, Advance Parole??

NeedGreen

New Member
Hello and thanks for reading,

My wife and I (I'm a USC) were married 2 months ago. She came to live with me 17 months ago when she was a student with an F-1 visa. 4 months after moving in with me she dropped out of school, and became either "out of status" or in "no status".

It's now 13 months since she lost her status, and we are currently preparing to file all our forms (I-864, I-765, I-131, I-130, I-485, G-325A...hope I'm not forgetting anything).

While I understand it's ill-advised for her travel out of the country before her I-485 is approved (assuming her Advance Parole is also approved), my question is:

1) can she travel and return under the AP once her I-485 is approved and she has the conditional green card?

-or-

2) does she have to wait the 2 years until she has a full green card before she can leave and re-enter under the AP?

-or-

3) is there any advantage to her paying the $1000.00 for I-485 Supplement A?

I've been getting mixed information regarding our marriage cancelling out her "out of status" situation, and am not sure where this leaves us.

Additionally, the I-130 asks us to explain how she qualifies for an Advance Parole. I'm still not sure what they're looking for here in order to assure her getting the AP in the 1st place?

Any help is most appreciated,
Frustrated Husband
 
can she travel and return under the AP once her I-485 is approved and she has the conditional green card?

AP is useless once the GC is granted - the GC is the re-entry paperwork.

is there any advantage to her paying the $1000.00 for I-485 Supplement A?

She's not eligible to file an I-485A. If you want to waste a thousand dollars, send it to me. I'll put it to better use.

Additionally, the I-130 asks us to explain how she qualifies for an Advance Parole.

If she's been out of status for over a year it's quite possible she's triggered the 3 or 10-year re-entry bars. I wouldn't apply for AP if I was her.
 
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