Stupid question about using AP

[Mr. Grey 0]

Hi there,

I have a stupid question about using AP, and cannot find the legal explanation for it anywhere.

I entered the U.S. on the K-1 visa and got married within the 90 days. I even filed for AOS before the 90 days expired (acutally, the NOA1 was issued on day 89).

Exactly why can I use the AP and will not trigger a ban from the U.S. upon re-entry ? I read somewhere that you should not leave the country if you already "overstayed" more than 180 days since your entry on the K-1, because this overstay is on your record and will trigger a ban. But that would mean that you cannot use the AP if you decide to go to your home country after more than 180 days after your I-94 expired. Why is the AP good for 1 year then ?

I "overstayed" 76 days since my I-94 expired. Did anyone else here use their AP for re-entry after such an amount of days and did you get problems when you re-entered ? Is there a legal basis why I can do this ?

Sorry, this is stupid, but I'm lacking the legal requirements for the AP, and unless I know them, I will be VERY anxious on my return in 2 weeks.

Thanks,

Daniel

Edited November 14, 2008 by Mr. Grey

[jlogajan 0]

I don't understand why you think you have a problem. The AP was issued. You filed in the proper amount of time. Go enjoy your trip.

[payxibka 10,047]

because of the AOS application, your current "overstay" is not considered.....

[Mr. Grey 0]

because of the AOS application, your current "overstay" is not considered.....

Got it. So if I had accrued an overstay of the I-94 before my AOS application was filed, then I'd have a problem, right ? (only if over 180 days)

Daniel

[payxibka 10,047]

because of the AOS application, your current "overstay" is not considered.....

Got it. So if I had accrued an overstay of the I-94 before my AOS application was filed, then I'd have a problem, right ? (only if over 180 days)

Daniel

No, my understanding is just any previous overstays ..... though I am not sure I would tempt fate

Edited November 14, 2008 by payxibka

[Mr. Grey 0]

because of the AOS application, your current "overstay" is not considered.....

Got it. So if I had accrued an overstay of the I-94 before my AOS application was filed, then I'd have a problem, right ? (only if over 180 days)

Daniel

No, my understanding is just any previous overstays ..... though I am not sure I would tempt fate

I think I read a previous thread, where a K-1 waited one year after the wedding before they filed for AOS. They were advised to not leave the country, because the overstay prior to the AOS application would trigger a 3-year ban.

Anyways, you helped me a lot. I wasn't aware that the AOS waiting time is not considered an overstay.

Thanks,

Daniel

Edited November 14, 2008 by Mr. Grey