I-94 expired, AOS filed but going to withdraw and leave US.

[lost&lonely 0]

Sorry that i am back asking for some more advice...

My I-94 has expired now, although the AOS application has been filed and is still pending, no EAD or AP as yet.

I have made the difficult descision and decided to leave my husband as the differences we are facing are far too much to overcome, we are both to blame as i think we had very differnt expectations and the reality is not the same.

What i wanted to know was, when i leave i will write to the USCIS stating i am withdrawing my AOS application, will the time between my expired I-94 and actually leaving the US count as unauthorised days in the US ie an overstay?

I would like to be able to travel back to the US to visit family in the future and hopefully bring my child over to see her father, but i am worried that this may not be a possibility.

Any advice would be appreciated, just so i know what possible consequences i face.

[Bobby+Umit 161]

Yes, once you withdraw your AOS, you will have a short amount of time to leave. (like 30 days or so).

As long as you didn't have any overstay between the I-94/aos, you shouldn't hit the 180 threshold, so no worries there.

Sorry it didn't work out.

[lost&lonely 0]

thank you so much for the reply.

The AOS was filed well before the I-94 expired so that is good, and i will send in to USCIS as i am about to leave the US, i think this will be by the end of this month.

when i come back to the US will i need to bring my NOA's to show it was filed before the I-94 expired?

[Bobby+Umit 161]

thank you so much for the reply.

The AOS was filed well before the I-94 expired so that is good, and i will send in to USCIS as i am about to leave the US, i think this will be by the end of this month.

when i come back to the US will i need to bring my NOA's to show it was filed before the I-94 expired?

No, you wouldn't need to. When you leave, you can bring that info with you, if they ask, you can explain why it over the date (since you filed the NOA).

Again - only if you went over 180 days would you need to worry (overstay that is).

From what you have posted, it doesn't appear you will have that issue.

[lost&lonely 0]

once again thankyou for your quick response.