I married an American citizen and I was here with my visa expired

[Alektra 0]

Hello there, first I would like to Thank you very much for taking the time to read my topic and help me, may God Bless you!

I am a B-2 visa holder(Tourist visa) I got a 5 year visa, although I exceed my stay in the U.S which was of 6 months, I have been here for 4 years and a half already,of course illegally. But I am now married to an American citizen and, my husband and I are going to apply for everything I need for my adjustment of status. But here's my question:

Since we have recently gotten married we would like to go to my country for our honeymoon,can we apply for an Advance Parole for me even though I was in this illegal situation? If I apply can I get an Advance Parole approved even though I was illegal? If so, how long does it take the whole process?

I thank you so much for helping me, and I will always do my best to help you guys if I can.

Thank you!

Alektra

[pushbrk 12,883]

Hello there, first I would like to Thank you very much for taking the time to read my topic and help me, may God Bless you!

I am a B-2 visa holder(Tourist visa) I got a 5 year visa, although I exceed my stay in the U.S which was of 6 months, I have been here for 4 years and a half already,of course illegally. But I am now married to an American citizen and, my husband and I are going to apply for everything I need for my adjustment of status. But here's my question:

Since we have recently gotten married we would like to go to my country for our honeymoon,can we apply for an Advance Parole for me even though I was in this illegal situation? If I apply can I get an Advance Parole approved even though I was illegal? If so, how long does it take the whole process?

I thank you so much for helping me, and I will always do my best to help you guys if I can.

Thank you!

Alektra

Of course, you can apply and it will probably be granted but absolutely do not leave until you have it. Frankly, I would advise against leaving until the green card is in hand. Advance parole is not a guarantee of admittance to the USA but not having it in your situation would guarantee you were denied entry.

[Anh map 2,098]

-Moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status from Work, Student, Tourist Visas-

[Laura & Kyle 16]

Of course, you can apply and it will probably be granted but absolutely do not leave until you have it. Frankly, I would advise against leaving until the green card is in hand. Advance parole is not a guarantee of admittance to the USA but not having it in your situation would guarantee you were denied entry.

This sounds pretty right on based on previous comments regarding this kind of situation. Another thing to consider is that based on those who have gone through this process without an RFE (request for further evidence), people are getting their greencards quicker and quicker. Ours was just under the 3 month mark for example. Most people are getting the AP and EAD just a few weeks at most before the greencard interview...

[Darnell 8,478]

I suggest you not leave the country until you have the GreenCard in Hand.

You could get AP, sure - but IMO - since the GC won't be approved before you go, the CBP folks , on re-entry, will say that the overstay is THE PROBLEM, and you'll be deported, even with a AOS application in play.

[A + M 29]

Hello there, first I would like to Thank you very much for taking the time to read my topic and help me, may God Bless you!

I am a B-2 visa holder(Tourist visa) I got a 5 year visa, although I exceed my stay in the U.S which was of 6 months, I have been here for 4 years and a half already,of course illegally. But I am now married to an American citizen and, my husband and I are going to apply for everything I need for my adjustment of status. But here's my question:

Since we have recently gotten married we would like to go to my country for our honeymoon,can we apply for an Advance Parole for me even though I was in this illegal situation? If I apply can I get an Advance Parole approved even though I was illegal? If so, how long does it take the whole process?

I thank you so much for helping me, and I will always do my best to help you guys if I can.

Thank you!

Alektra

I' m curious so I' ll ask the following Overstaying in USA illegally for 4 years and more won' t affect the AOS ? Just because someone marries a US citizen is forgiven forever ? No bans no deportation ?

[sciencenerd 56]

I am in a similar situation (my wife overstayed for about 3 1/2 years) and our lawyer told us that we shouldn't leave the states until the greencard was in hand. Honestly, at this point, what is a couple more months if it means that you don't have to worry about being denied entry? That's how we have taken it - we would have had the AP by now and could go visit her home and family (which is only a 5 hour drive, so very easy), which would have been nice, but our interview is in about 3 weeks and we'll just wait a little bit more. Hopefully, we will get approved at the interview or soon after, but our ability to live in the states where I have a decent job is too important to risk. Good luck!

[Kittyfang 6]

I' m curious so I' ll ask the following Overstaying in USA illegally for 4 years and more won' t affect the AOS ? Just because someone marries a US citizen is forgiven forever ? No bans no deportation ?

I'm in this situation. I'm a Canadian citizen who married an American citizen and overstayed for about 3 years (we are about to file). For what I've seen, statistic wise, there are a LOT of people doing this. I think for 2009, it was about 200 000 people. I could be wrong tho.

My understanding is that the Overstay (and any illegal work done) is "forgiven" once the AoS is accepted. This is a courtesy to the USC and, in my opinion, a very good thing in general. Most people who overstay are not hardened criminals, just people who made bad choices.

Edited April 10, 2010 by Kittyfang

[Brother Hesekiel 2,236]

Sure you can apply for AP. Will you get it? Quite possible. Will that guarantee that they'll let you back into the US? Absolutely . . . not!

[LT.Nora 7]

Hello there, first I would like to Thank you very much for taking the time to read my topic and help me, may God Bless you!

I am a B-2 visa holder(Tourist visa) I got a 5 year visa, although I exceed my stay in the U.S which was of 6 months, I have been here for 4 years and a half already,of course illegally. But I am now married to an American citizen and, my husband and I are going to apply for everything I need for my adjustment of status. But here's my question:

Since we have recently gotten married we would like to go to my country for our honeymoon,can we apply for an Advance Parole for me even though I was in this illegal situation? If I apply can I get an Advance Parole approved even though I was illegal? If so, how long does it take the whole process?

I thank you so much for helping me, and I will always do my best to help you guys if I can.

Thank you!

Alektra

DO NOT leave the country!!

I overstayed my tourist visa too and my lawyer advised me, that if I left the country, I would get a ban on my visa and wouldn't be able to return to USA for three years (for you it would be 10 years) and my green card application would be transferred to the country of my origin.

Once you overstay your visa for more than 180 days, you are not eligible for advance parole anymore. It says on I-131 instructions that "Advance parole may not be issued to you if: <...> 2. You are in exclusion, deportation, removal or rescission proceedings." It also says "5. Although advance parole may allow you to return to the United States, you departure may trigger the 3 or 10 year ban, if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay."

my thoughts to you would be, do not leave the country, file for your green card and wait until you get it (it seems to be really quick this year).

[LT.Nora 7]

I'm in this situation. I'm a Canadian citizen who married an American citizen and overstayed for about 3 years (we are about to file). For what I've seen, statistic wise, there are a LOT of people doing this. I think for 2009, it was about 200 000 people. I could be wrong tho.

My understanding is that the Overstay (and any illegal work done) is "forgiven" once the AoS is accepted. This is a courtesy to the USC and, in my opinion, a very good thing in general. Most people who overstay are not hardened criminals, just people who made bad choices.

It is forgiven if your GC is approved! If they approve your GC, they won't start any legal actions for your overstay or that you illegally worked. If your GC is denied, they calculate everything.

If your presence is legal, the AOS application "freezes" your status for the period of time until the decision is reached. If it is APPROVED, you are lucky - you have never fallen out of status. If it is DENIED - they calculate all days you overstayed waiting for AOS decision.

It is much more complicated than it looks like

[Kittyfang 6]

It is forgiven if your GC is approved! If they approve your GC, they won't start any legal actions for your overstay or that you illegally worked. If your GC is denied, they calculate everything.

If your presence is legal, the AOS application "freezes" your status for the period of time until the decision is reached. If it is APPROVED, you are lucky - you have never fallen out of status. If it is DENIED - they calculate all days you overstayed waiting for AOS decision.

It is much more complicated than it looks like

It's immigration, *everything* is much more complicated than it looks, but, as I've said, AoS is a common thing. If you can prove the validity of your marriage.

[LT.Nora 7]

It's immigration, *everything* is much more complicated than it looks, but, as I've said, AoS is a common thing. If you can prove the validity of your marriage.

Sure, AOS is common thing. But her question was about Advance Parole, not AOS. It is all different once you overstay your visa and become illegal, therefore the same rules don't apply anymore.

Even if she submitted AOS package today and she would get NOA it would mean nothing, because she fell out of status. Therefore she shouldn't leave the country until her green card is approved.

Sorry if I misunderstood your post, but you said that illegal stay and work are forgiven once the AOS is accepted. If you mean Accepted as in NOA issued - then no, status doesn't change and you are still illegal and shouldn't be going anywhere. If you mean Accepted as in GC Approved - then yes, she can go where ever she wants.

[Kittyfang 6]

Sure, AOS is common thing. But her question was about Advance Parole, not AOS. It is all different once you overstay your visa and become illegal, therefore the same rules don't apply anymore.

Even if she submitted AOS package today and she would get NOA it would mean nothing, because she fell out of status. Therefore she shouldn't leave the country until her green card is approved.

Sorry if I misunderstood your post, but you said that illegal stay and work are forgiven once the AOS is accepted. If you mean Accepted as in NOA issued - then no, status doesn't change and you are still illegal and shouldn't be going anywhere. If you mean Accepted as in GC Approved - then yes, she can go where ever she wants.

Oh definably do not leave the country before AoS is approved, aka. Green card is approved. My bad for being confusing.

[HeatDeath 430]

It bears repeating: DO NOT LEAVE THE US WITHOUT YOUR GREEN CARD IN YOUR HAND!

AP documents will only get you readmitted to the US if you have less than 6 months of out-of-status time. You have way more. Your AP document will not get you readmitted to the US, and what's worse: leaving the US will trigger a 10 year bar! DO NOT LEAVE THE US!

Now you may well be asking: why would the the USCIS give you an AP document if using it would screw up your life that badly? Beats me. They do try, in their way, to warn you that AP is not guaranteed re-admittance, but the warning is perhaps not as emphatically worded as it should be.

To answer your original question, no, you absolutely cannot go for a honeymoon in Brazil before your green card is in your hand. If you step foot outside of the US without a green card, you better be prepared for both you and your husband to spend the next decade living in Brazil.

You can apply for an AP document. It would most likely be approved. You would probably get it in 6-12 weeks. And using it would completely destroy your life in America. So don't even bother filling out an I-131 for it.

Edited April 11, 2010 by HeatDeath