What about overstay and where to file AOS?

[icee 0]

hello everyone,

Will I be able to stay legally if I file my AOS papers a little bit after my tourist visa expires? we are running out of time since my medical exam is taking longer time than we were planning.

Now we have to file I-130, G-325a, I-864, I-485, I-765, I-131, where would we file all these papers? We are in PA. First we were told we have to file I-130 to Chicago, and we found out on instructions of I-485 that we have to file it to Dallas. Then one attorney told us to file all the forms together to one place but didn't tell where to.

Thank you all for all your input in our attempts to gather needed information. We appreciate it so much!

[payxibka 10,045]

all together to Chicago address as per the I-485 instructions

[Kittyfang 6]

Hi there!

First, do not file I-131 if you have an overstay. Leaving the country, even if you have a petition pending can trigger a ban and cancel out your AoS. Some people have filled for I-131 with having overstayed and some claim that it won't hurt to use it, but many more say that it's trouble. So, why risk it?

Second, if you came here legally (you were inspected at a PoE) you can file based on a marriage and the overstay, if the petition is approved, gets "forgiven".

Good luck

[icee 0]

Hi there!

First, do not file I-131 if you have an overstay. Leaving the country, even if you have a petition pending can trigger a ban and cancel out your AoS. Some people have filled for I-131 with having overstayed and some claim that it won't hurt to use it, but many more say that it's trouble. So, why risk it?

Second, if you came here legally (you were inspected at a PoE) you can file based on a marriage and the overstay, if the petition is approved, gets "forgiven".

Good luck

What do you mean, if we get married and I had overstayed my visa before we had a chance to send the paperwork in, I could still file for I-131?

[Darnell 8,478]

No - the overstay for the Tourist Visa is forgiven IF the Adjustment of Status is Approved.

Here's the sticky bit about the I-131 (Advanced Parole Document )

Let's say you get it, firstly, ya?

Then, prior to AOS approval, you decide to leave the country, thinking the AP document is sufficient to get you back into USA, through and past the POE broohaha.

When you leave the USA, in this example - yer OVERSTAY IS RECORDED.

When you re-enter the USA, using yer AP document, in this example, you can't come back in, as you've a recorded overstay - they'll find it when they look you up at the POE.

So, it makes no sense to file the I-131 document, as you can't rely on actually using it for it's intended purpose - you've overstayed.

Again, the overstay is usually forgiven IF the Adjustment of Status is APPROVED.

Good Luck to you, however it goes.

[Kittyfang 6]

Couldn't have said it better than Darnell.

[payxibka 10,045]

Hi there!

First, do not file I-131 if you have an overstay. Leaving the country, even if you have a petition pending can trigger a ban and cancel out your AoS. Some people have filled for I-131 with having overstayed and some claim that it won't hurt to use it, but many more say that it's trouble. So, why risk it?

Second, if you came here legally (you were inspected at a PoE) you can file based on a marriage and the overstay, if the petition is approved, gets "forgiven".

Good luck

accurate info please....

if the overstay is 180 days or more.... then the I-131 does not help. a re-entry ban is NOT triggered until you reach that amount of accrued overstay

Edited June 11, 2010 by payxibka

[icee 0]

Thank you for your replies! the reason I wanted to add I-131 is just for emergency situations, but I guess I won't send that form then. The main concern though was the overstay issue, and you responded to that somewhat.

I was wondering if I could send all my papers but without my medical exam results, but include a note from a doctor saying that we started the process of medical exams?

I heard one of my friend's friend did that and send the medical exam results later. and would it cost more for sending it later?

again, thank you so much for taking time and responding.

[payxibka 10,045]

Thank you for your replies! the reason I wanted to add I-131 is just for emergency situations, but I guess I won't send that form then. The main concern though was the overstay issue, and you responded to that somewhat.

but the info they gave you was not totally correct

[trillium13 84]

You could send everything now if you wanted to, but you would get an RFE for your medical. There is no extra cost for that, it just delays your process.

[icee 0]

accurate info please....

if the overstay is 180 days or more.... then the I-131 does not help. a re-entry ban is NOT triggered until you reach that amount of accrued overstay

thank you so much!

so, they actually have a certain amount of time for overstay? Where did you get this information?

[payxibka 10,045]

thank you so much!

so, they actually have a certain amount of time for overstay? Where did you get this information?

read the instructions to the i-131 under the advance parole section, entitled "Travel Warning"... it is laid out there in very clear English. Take a read

Edited June 11, 2010 by payxibka

[icee 0]

You could send everything now if you wanted to, but you would get an RFE for your medical. There is no extra cost for that, it just delays your process.

ok, i feel like a dummy, but what is RFE?

read the instructions to the i-131 under the advance parole section, title "Travel Warning"... it is laid out there in very clear English

thank you a lot.

I did read the instructions, but I guess I wasn't paying attention.

[Darnell 8,478]

accurate info please....

if the overstay is 180 days or more.... then the I-131 does not help. a re-entry ban is NOT triggered until you reach that amount of accrued overstay

DOH - thanks payX !!

[JimVaPhuong 4,863]

ok, i feel like a dummy, but what is RFE?

Request For Evidence.