What about overstay and where to file AOS?

[trillium13 84]

Request For Evidence.

Right. It's a letter they send you when they want something more from you.

[icee 0]

Request For Evidence.

Thank you for that.

[icee 0]

Right. It's a letter they send you when they want something more from you.

Oh, I think I heard something about this, but thanks for straightening me out.

[brlukath 1]

IMHO it is better to timely file and get an RFE then overstay.

[icee 0]

IMHO it is better to timely file and get an RFE then overstay.

Yes I know and we're going to try and get this done before, but we still have a few things to get done and we're running out of time.

[icee 0]

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.

anyway, my prior question was still if I can overstay on my b2 visa - it is not something we want, not something we planned, but this is the situation. it might be the most 2 weeks before I file my AOS papers? please, people, help us find the answer this question, we need to know asap..

thank you

[payxibka 10,045]

anyway, my prior question was still if I can overstay on my b2 visa - it is not something we want, not something we planned, but this is the situation. it might be the most 2 weeks before I file my AOS papers? please, people, help us find the answer this question, we need to know asap..

thank you

Your question has been answered previously but to reiterate.. YES you can stay.... just be aware of the risks, but YES you can stay

Edited June 15, 2010 by payxibka