Worried about not getting advance parole

[rebeccajo 14]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

The bar is not forgiven when an applicant elects to file for adjustment based upon marriage to a US citizen . It is forgiven when the adjustment is granted. Until such time, the applicant is still an out of status alien. Only because the alien has filed an application to become a permanent resident are they 'protected' from removal while within the confines of the US. However, if the alien voluntarily leaves the country, the bar can potentially be enforced if they attempt an entry on a travel document.

There is anecdotal evidence in this community of an overstayed applicant leaving the country and being re-admitted on Advance Parole. However, the adjustment interview had already been conducted and the alien was awaiting her greencard based upon completion of her FBI namecheck. There may have been notations in her file that her residency was approved pending - or she may have just been lucky.

[rebeccajo 14]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

The ban would be because the OP will have had out of status timed accrued between the visitor's visa authorized stay period expiring and filing AOS, since she waited over a year to file after her marriage (I am unsure of the exact length as we do not know the timeline, but a visitor's stay would have expired before a year). No one is saying there is fraud, just that she has had time out of status, just like when anyone entering on any other kind of visa overstays the period they are allowed.

Actually, out of status time continues to accrue until the adjustment has been approved. The bell does not cease to toll merely because the alien has elected to apply for permanent residency.

[Jon&Lindsey 0]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

The ban would be because the OP will have had out of status timed accrued between the visitor's visa authorized stay period expiring and filing AOS, since she waited over a year to file after her marriage (I am unsure of the exact length as we do not know the timeline, but a visitor's stay would have expired before a year). No one is saying there is fraud, just that she has had time out of status, just like when anyone entering on any other kind of visa overstays the period they are allowed.

Actually, out of status time continues to accrue until the adjustment has been approved. The bell does not cease to toll merely because the alien has elected to apply for permanent residency.

Thanks for the correction, I did not realize this - my error.

[rebeccajo 14]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

The ban would be because the OP will have had out of status timed accrued between the visitor's visa authorized stay period expiring and filing AOS, since she waited over a year to file after her marriage (I am unsure of the exact length as we do not know the timeline, but a visitor's stay would have expired before a year). No one is saying there is fraud, just that she has had time out of status, just like when anyone entering on any other kind of visa overstays the period they are allowed.

Actually, out of status time continues to accrue until the adjustment has been approved. The bell does not cease to toll merely because the alien has elected to apply for permanent residency.

Thanks for the correction, I did not realize this - my error.

It's not an error as long as you're learning.....

[azone 0]

There is anecdotal evidence in this community of an overstayed applicant leaving the country and being re-admitted on Advance Parole. However, the adjustment interview had already been conducted and the alien was awaiting her greencard based upon completion of her FBI namecheck. There may have been notations in her file that her residency was approved pending - or she may have just been lucky.

I dont understand about what some of you saying. My husband and I have not been called for interview yet. I got work and social security cards. Still waiting for greencard, which can take longer I dont care. I can work if I can get job. Now I have critical issues that requires me to go home. I know I will go home no matter what, either I pack my luggage with gifts for family and friends or I pack all my belongings and leave for good, since I would not be allowed to come back.

I dont like feeling trapped and stress. I will keep calling USCIS to check if they have processed my I131 application and help me expedite, otherwise, bye to hubby and USA. Its fated.

[jundp 191]

OP: I understand how awful it must be to have part of your life at home just hanging in the balance and waiting. But perhaps there is some way you can hire someone or have friends pack up your apartment until your green card arrives?

[azone 0]

OP: I understand how awful it must be to have part of your life at home just hanging in the balance and waiting. But perhaps there is some way you can hire someone or have friends pack up your apartment until your green card arrives?

I dont have big money and right people to come and meddle with my personal belongings which are disoriented already. I dont care if they postponed my greencard to next ten years, as long as I can have normal life, work if I can since my husband is not financially strong, and go home to singapore once a year at least. Meeting friends and relatives make me a happier person. I am homesick is also a main reason, no one understand.

[Bobby+Umit 161]

OP: I understand how awful it must be to have part of your life at home just hanging in the balance and waiting. But perhaps there is some way you can hire someone or have friends pack up your apartment until your green card arrives?

I dont have big money and right people to come and meddle with my personal belongings which are disoriented already. I dont care if they postponed my greencard to next ten years, as long as I can have normal life, work if I can since my husband is not financially strong, and go home to singapore once a year at least. Meeting friends and relatives make me a happier person. I am homesick is also a main reason, no one understand.

Well, best of luck.

I am surprised more people that come to visit, and end up getting married, do not have issues like this.

This is one of the drawbacks of doing it via a visitors visa I suppose - a lot of loose ends to tie up.

[Kathryn41 3,205]

name='azone' date='Apr 13 2009, 12:03 PM' post='2833742']

I dont understand about what some of you saying. My husband and I have not been called for interview yet. I got work and social security cards. Still waiting for greencard, which can take longer I dont care. I can work if I can get job. Now I have critical issues that requires me to go home. I know I will go home no matter what, either I pack my luggage with gifts for family and friends or I pack all my belongings and leave for good, since I would not be allowed to come back.

I dont like feeling trapped and stress. I will keep calling USCIS to check if they have processed my I131 application and help me expedite, otherwise, bye to hubby and USA. Its fated.

Good luck to you. I hope everything works out alright for you.

Edited April 15, 2009 by Kathryn41

[Krikit 1,165]

I dont have big money and right people to come and meddle with my personal belongings which are disoriented already. I dont care if they postponed my greencard to next ten years, as long as I can have normal life, work if I can since my husband is not financially strong, and go home to singapore once a year at least. Meeting friends and relatives make me a happier person. I am homesick is also a main reason, no one understand.

Trust me..... we understand.

[Boiler 45,952]

1. If you must leave then having AP makes no difference. So you can go now.

2. The ban depends on how long you have overstayed. But there is a waiver available, see I 601 forum and www.immigrate2us.net.

But it sounds that you both may be better relocating to your country.

[azone 0]

1. If you must leave then having AP makes no difference. So you can go now.

2. The ban depends on how long you have overstayed. But there is a waiver available, see I 601 forum and www.immigrate2us.net.

But it sounds that you both may be better relocating to your country.

I am not excited to give up but I am not keen to put my life against hopelessness.

I was excited few days ago when I received the waited receipt of my I131 application. That's is good news so far.

Now I requested for expedite, and wait with hope for favorable result soon. So for now I wait anxiously.

[Boiler 45,952]

Did you bother reading the replies?

It appears not.

[azone 0]

Did you bother reading the replies?

It appears not.

I do read replies and hope for suggestion on what should I do to make my situation simple. I tried to check on I601 but I got confuse on that. I hate to be given another form to fill especially another fee to pay.

I am now frustratingly waiting for I131 expedite, which initially I was told to wait within 5 days, then USCIS email to wait within 30 days - that would be around 17 May. Oh my God! I keep saying to myself. I hope to travel end of May because an airline offer huge ticket discount then in the first week of June, which I have to be there already.

I also wonder why they take so long time to call me up for interview to my greencard, which I already submitted everything in late January. Do anyone knows when is the time frame my husband and I will be called for interview. What taking them so long? I dont have criminal record, dont do drugs or drink.

Can anyone tell me some good news or suggestions.

[Boiler 45,952]

Bearing in mind our overstay, why are you waiting for AP?