AP Question

[justtchatting 0]

Quick question, that I bet won’t have an easy answer. My wife came to the U.S. on a B1 visa. While here, we decided to get married just before her I94 ran out. We subsequently filed for AOS, AP, and EAD two months after we got married. This was 2 months after her I94 ran out. So, basically, she just received notification that her AP was approved. However, I am leery about leaving the country, as I don’t want it to trigger some ban because she overstayed her I94 (however, she was married). Another thing that concerns me, as there were a few delays in processing our paperwork, and I suspect that by the time we travel, she will have been here over 190 days, even though the paperwork has been in process long before that. Any thoughts or opinions? Thanks in advance.

[DanielParul 50]

She should be able to travel now that she has her AP. Eventually everybody's I-94 expires. Mine willon June 11. I still haven't received AP or any other doc. She should be ok.

Anyone, correct me if I am wrong

[sweetpiano 0]

Quick question, that I bet won’t have an easy answer. My wife came to the U.S. on a B1 visa. While here, we decided to get married just before her I94 ran out. We subsequently filed for AOS, AP, and EAD two months after we got married. This was 2 months after her I94 ran out. So, basically, she just received notification that her AP was approved. However, I am leery about leaving the country, as I don’t want it to trigger some ban because she overstayed her I94 (however, she was married). Another thing that concerns me, as there were a few delays in processing our paperwork, and I suspect that by the time we travel, she will have been here over 190 days, even though the paperwork has been in process long before that. Any thoughts or opinions? Thanks in advance.

The fact that she was married will not bear any effect on the fact that she overstayed, it will not make the overstay go away. Leaving the US will trigger a 3 year ban on re-entry (as she overstayed 2 months); even if she tries to re-enter on AP, she will most probably be denied entry. However, from the moment she received the NOA for the paperwork (I-130 and I-485), her status is "pending adjustment of status", which means she is legally here, so nothing to worry about as long as the paperwork is in process. If she's approved, she's good to go, she has her greencard, can travel, overstay forgotten. If she's denied, she has to go back to her country and re-start the process on a K3 or IR1/CR1 visa, and the 3 year ban is in force.

Assuming you received the NOA's not long after filing (within 180 days of I94 expiration), then theoretically if you travel, she will not be banned for 10 years, but only for 3 years. Stay put, don't travel. Honestly, even if she had not overstayed, I would still have recommended not to leave the country, as there is no guarantee that she would be admitted back on AP, given that she's adjusting from B1 visa.

[DanielParul 50]

The fact that she was married will not bear any effect on the fact that she overstayed, it will not make the overstay go away. Leaving the US will trigger a 3 year ban on re-entry (as she overstayed 2 months); even if she tries to re-enter on AP, she will most probably be denied entry. However, from the moment she received the NOA for the paperwork (I-130 and I-485), her status is "pending adjustment of status", which means she is legally here, so nothing to worry about as long as the paperwork is in process. If she's approved, she's good to go, she has her greencard, can travel, overstay forgotten. If she's denied, she has to go back to her country and re-start the process on a K3 or IR1/CR1 visa, and the 3 year ban is in force.

Assuming you received the NOA's not long after filing (within 180 days of I94 expiration), then theoretically if you travel, she will not be banned for 10 years, but only for 3 years. Stay put, don't travel. Honestly, even if she had not overstayed, I would still have recommended not to leave the country, as there is no guarantee that she would be admitted back on AP, given that she's adjusting from B1 visa.

I stand corrected...

[justtchatting 0]

Wow, so what is the point of even applying for AP. Well, hopefully her green card will be approved and it will not take too long for it to arrive. Her EAD has been approved, so at least things are moving forward. I really wish there was some better news!!

Quick question, that I bet won’t have an easy answer. My wife came to the U.S. on a B1 visa. While here, we decided to get married just before her I94 ran out. We subsequently filed for AOS, AP, and EAD two months after we got married. This was 2 months after her I94 ran out. So, basically, she just received notification that her AP was approved. However, I am leery about leaving the country, as I don’t want it to trigger some ban because she overstayed her I94 (however, she was married). Another thing that concerns me, as there were a few delays in processing our paperwork, and I suspect that by the time we travel, she will have been here over 190 days, even though the paperwork has been in process long before that. Any thoughts or opinions? Thanks in advance.

The fact that she was married will not bear any effect on the fact that she overstayed, it will not make the overstay go away. Leaving the US will trigger a 3 year ban on re-entry (as she overstayed 2 months); even if she tries to re-enter on AP, she will most probably be denied entry. However, from the moment she received the NOA for the paperwork (I-130 and I-485), her status is "pending adjustment of status", which means she is legally here, so nothing to worry about as long as the paperwork is in process. If she's approved, she's good to go, she has her greencard, can travel, overstay forgotten. If she's denied, she has to go back to her country and re-start the process on a K3 or IR1/CR1 visa, and the 3 year ban is in force.

Assuming you received the NOA's not long after filing (within 180 days of I94 expiration), then theoretically if you travel, she will not be banned for 10 years, but only for 3 years. Stay put, don't travel. Honestly, even if she had not overstayed, I would still have recommended not to leave the country, as there is no guarantee that she would be admitted back on AP, given that she's adjusting from B1 visa.

[sweetpiano 0]

Wow, so what is the point of even applying for AP. Well, hopefully her green card will be approved and it will not take too long for it to arrive. Her EAD has been approved, so at least things are moving forward. I really wish there was some better news!!

I guess AP is more useful for those who have not overstayed or those adjusting from "immigrant intent" visas, such as K1 or K3 etc. Good to hear her EAD was approved though, it definitely means things are moving and hopefully she will have her green card soon. Best of luck!

[justtchatting 0]

Wow, so what is the point of even applying for AP. Well, hopefully her green card will be approved and it will not take too long for it to arrive. Her EAD has been approved, so at least things are moving forward. I really wish there was some better news!!

I guess AP is more useful for those who have not overstayed or those adjusting from "immigrant intent" visas, such as K1 or K3 etc. Good to hear her EAD was approved though, it definitely means things are moving and hopefully she will have her green card soon. Best of luck!

I am glad too!!!!!! She is not real happy about not being able to leave, me too for that matter. I traveled the world for 7 years, and since she got here and we got married, we have been grounded. We both enjoy traveling, so I guess we willl just have to do it state side.

[Heliosphan 1]

Even though I'm here legally I didn't apply for AP either. I rather not put any risk on not being allowed reentry.

[Krikit 1,165]

The fact that she was married will not bear any effect on the fact that she overstayed, it will not make the overstay go away. Leaving the US will trigger a 3 year ban on re-entry (as she overstayed 2 months); even if she tries to re-enter on AP, she will most probably be denied entry. However, from the moment she received the NOA for the paperwork (I-130 and I-485), her status is "pending adjustment of status", which means she is legally here, so nothing to worry about as long as the paperwork is in process. If she's approved, she's good to go, she has her greencard, can travel, overstay forgotten. If she's denied, she has to go back to her country and re-start the process on a K3 or IR1/CR1 visa, and the 3 year ban is in force.

Assuming you received the NOA's not long after filing (within 180 days of I94 expiration), then theoretically if you travel, she will not be banned for 10 years, but only for 3 years. Stay put, don't travel. Honestly, even if she had not overstayed, I would still have recommended not to leave the country, as there is no guarantee that she would be admitted back on AP, given that she's adjusting from B1 visa.

Will?... Or might? Advance Parole authorizes re-entry. The beneficiary was married prior to the expiry of the I-94 and, as you say, is here legally. She also holds a valid AP document. When her re-entry is processed at the secondary checkpoint, the officer will see she's in the system. The odds are in her favour. Now whether the OP chooses to play those odds is another question. Every one of us had the "potential" of being denied when using our AP. We played the odds too. Just something to consider.

Edited June 5, 2008 by Krikit

[sweetpiano 0]

Agree, there is always the potential to be denied when using AP. And every one of us has a different level of being risk tolerance. As far as how and when the bans are triggered, I don't know, I just know the letter of the law, not how it is applied in practice. In practice, I have a feeling many people fall through the cracks, but it's nevertheless a risk that everyone has to decide on their own if it's worth taking or not.

[justtchatting 0]

Agree, there is always the potential to be denied when using AP. And every one of us has a different level of being risk tolerance. As far as how and when the bans are triggered, I don't know, I just know the letter of the law, not how it is applied in practice. In practice, I have a feeling many people fall through the cracks, but it's nevertheless a risk that everyone has to decide on their own if it's worth taking or not.

It seems like such a gray area. One would think if they authorized it, you are eligible to leave without an issue. I am looking at other people timelines to see how long from EAD to GC. It doesn't seem too bad. I suspect that we will just wait it out.