F-1 Out of Status, Recently Married, Seeking I-485 & I-130

[NeedGreen]

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

 

[Jackolantern]

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".

How long did she study before dropping out? I hope it was longer than 4 months.

Her long time out of status puts her at great risk of being refused entry with Advance Parole, even if it's approved. She should not apply for Advance Parole, and she should wait until she has the conditional green card before leaving the US. When the I-485 is approved, she will get the green card shortly thereafter. People with an approved I-485 don't* use Advance Parole, as the AP is a document for green card applicants who want to travel in and out of the US when they DON'T have a green card yet.

She entered the US with a visa and is married to a US citizen, so the I-485 supplement A and $1000 fine aren't applicable to her.

*exception is when the I-485 is approved when the individual is abroad, or shortly before traveling abroad so they don't have the green card in their possession when reentering the US. In such cases the Advance Parole can be used one last time for the new permanent resident who hasn't yet received the green card.

 

[Brianlong]

NeedGreen,
Jackolantern has articulated very well. From my limited knowledge picked from the street, some immigration law books and case studies i have followed with interest, i would advise that your dear wife waits for actual Conditional Permanent Residence card. I received my Advance Parole Card Combo I-512 but my attorney strongly advised me to wait for the Card should my I-485 petition go through successfully which fortunately has before traveling out of the country. As regards the out of status issue, i'm sure they will knock it out if you file all your paperwork right, you are a US citizen and both of you have no criminal trails. Make enough preparations and take this serious before undergoing the Holy Grail of immigration Interviews. All the best!