Need for for AP to be filed ????????

[bartonc]

Thank you to anyone that could help answer the question.

We are filing the AOS packet for my husband. I am a US citizen and his AOS will soon be pending. We are wanting to travel during the time it is being processed. Does he need AP, from what was in the instructions to file no. I just want to be sure.

[freecontributor]

Thank you to anyone that could help answer the question.

We are filing the AOS packet for my husband. I am a US citizen and his AOS will soon be pending. We are wanting to travel during the time it is being processed. Does he need AP, from what was in the instructions to file no. I just want to be sure.

You need advance parole only if you are on legal status! If your husband is out of status, don't need to leave the country until he gets his green card in hands otherwise he will be barred from 3 to 10 years to enter USA ( although he marries US citizen) so be careful!

The reason is whatever is your status ( visitor, student, etc), once you marry USA citizen, you are loosing this status to get the Green card, and while your AOS is pending you are free to travel and get back in USA without visa headache!

Again only people with legal status ( student, visitors, exchange...) have this advantage!
All the best for you and hope this will help you!