Getting Worried

[baron555 934]

Internet research is freaking me out even more. Due to a number of reasons, we didn't file for AOS until longer than 180 days after the I94 expired. And from what I can tell, that will be enough to ban her for 3 years at the border... Or not. Everything (infuriatingly) depending on the border guard's whim.

This is all so confusing. Is it an overstay if married within 90 days? Some say yes, some say no. Is there going to be problems at the border? Some say yes, some say no. Is my wife going to end up handcuffed and treated like vermin until the next flight to Russia? Will anybody contact me if there's a problem? No answers anywhere.

And why is it that time in between marriage and filing will be forgiven with AOS but not an approved Advance Parole - which should not be granted at all if there's a problem. Why is there no clear set of rules to follow?

She has the AP, stop worrying. That's all she needs.

And what if we decide to abandon this AOS procedure and begin a fresh K3 visa proceeding. Will she still have problems entering the country even with a new visa (assuming it gets approved)?

That would be a silly waste of time and money. You are very close; keep pressing onward.

/sigh. I hate bureaucracy.

[rebeccajo 14]

baron555 -

The Service will issue an Advance Parole document to nearly anyone who pays the fee.

Whether or not that person should actually use the document is an entirely different matter.

[juliava 80]

AP could be used with no worries if there is no overstaying involved.

Obviously in this case the AOS was not filed on time as it was supposed to.

I didn't come to this country on a K-1 visa, I had a work visa but I overstayed. When I filed for AOS my lawyer advised me to not bother applying for the AP because even approved-he wouldn't recommend me to travel out of the States. Most probably access will be denied when I come back.

My advise is : if you know that your case is not 100% "clean" - do NOT use the AP. Your trip back home could change into a one way trip.