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Posted

Good to know. Though this wont be an issue for us, I still like to learn as much as I can.

I have seen posts on here where people have talked about not filing for nearly 6 months after the fact. So you can file the AOS within 180 days, is that right? Or is that when the ban starts? That is what is confusing. So even if they got married within the 90 days and he doesn't leave and tries to adjust status because it has been more than a 180 AOS cannot be filed?

Sorry to be a pain, just want to make sure I have this right.

The ban is triggered when the immigrant leaves the country. If the immigrant stays in the country, no ban is issued, no matter how long they overstay. In the OP's case, he can file AOS now and the overstay will be irrelevant/forgiven. If he leaves, however, the ban will be triggered.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Will it be easy leaving the US or will I get asked a thousand questions at the airport like why are you leaving etc?

nobody will ask you why you are leaving

YMMV

 
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