Need Clarification: travel and out of status!

[SlowJedi]

I saw several discussions here about a spouse awaiting her green card approval leaving the US with an Advance Parole, but then being denied her GC because of the 3/10 rule. THANK GODS FOR THIS FORUM!! Because my stupid lawyer never even talled me about it, and I just learned about this rule today from this forum, and my wife is now 190 days out of status. So we are screwed. I'm still waiting for my citizenship to come through so I can petition for her.

In the meantime my question: Am I correct to understand that if she never leaves the country until her green card is approved, then this 3/10 rule doesn't apply? AND does this "green card approval" for the purposes of this rule mean approval of I-130 or I-485?

By the way, since we've been married for 3 years now, does it mean that she'll automatically get a permanent GC or will it be still a temporary GC.

Thanks again. This forum gave me more reliable info that my immigration lawyer for the last three years and after a lot of $250/hr fees.

 

[LucyMO]

In the meantime my question: Am I correct to understand that if she never leaves the country until her green card is approved, then this 3/10 rule doesn't apply?

Yes.

AND does this "green card approval" for the purposes of this rule mean approval of I-130 or I-485?

a) both, if they are adjudicated together (that is, if they are filed together, or if I-130 is not approved by the time I-485 is being adjudicated). b) I-485 only, if I-130 was filed and approved prior to the adjudication of I-485.

By the way, since we've been married for 3 years now, does it mean that she'll automatically get a permanent GC or will it be still a temporary GC.

She will get a permanent GC.