arrived US on K1 visa recently married and wants to go home

[dessndave 3]

The AP is fast reply. ours was approved sept 30th states notice was sent but never received anything.

still waiting for the document or what ever it is.

today got email about having interview appointment for the GC

Definitely need to file your aos for resident, work, travel

better to do all at once get it over with. will cost total about $1100 about 46k peso includes you mailing documents.

lots more paperwork & you will stress out but just do it and you will be fine.

But do not leave the country at all until you have the documents.

If I had ours I would scan edit & show you what it looks like.

Good Luck from California/Oregon.

[Zen Den 18]

Since nobody seems to understand this, I'll repeat it a little louder this time:

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

The OP has indicated that they are currently out of status. Granted they are just days out of status so there's no re-entry ban yet but AP isn't a guarantee that they'll be re-admitted. CBP could see that they overstayed and choose to ignore the AP document all together.

Why take a chance when they can simply go home for the holidays next year?

Not true! My friend applied for AOS almost 2 years after getting married (way after her I-94 expired) and applied for an AP as well. She left in july of this year, came back to the US in august. No problem.

[Deputy Purple 1,294]

Not true! My friend applied for AOS almost 2 years after getting married (way after her I-94 expired) and applied for an AP as well. She left in july of this year, came back to the US in august. No problem.

That is news, I've seen more than a few threads where someone received AP and was turned away at the border.

Admission is entirely up to CBP, they can refuse entry. They can't take your Greencard though.

Especially if your friend was out of status long enough to incur a re-entry ban then she was very lucky. Maybe she got an inexperienced CBP officer who simply took the AP document at face value and ignored the Ban.

Regardless as I've always said with immigration matters why would you risk it when you can simply wait until you're done with the AOS process and have the Greencard in hand? Unless there is a life altering event I would always play it safe over banking on everything working perfectly.

[sassyclassy 0]

Dumb question but where is you husband in all this? Didn't he know that he had to file the AOS? The petitioner should be doing this work not the beneficiary. Just my humble opinion.

As the others have stated, file for your AOS now and also for the AP and EAD. They are included in the price if you do it all at the same time. My wife's AP came through in 2 months. No problem. Keep in mind about how long you will be out of country. You need to be back for your biometrics appointment.

it was not my intent to stay long here in US as i have a high paying job and i own a very stable business back home, hence, we didnt dig more about the K1 visa after my arrival. But due to some changes of plans (who wants to cut short a great honeymoon wink wink) we decided that i might as well apply for a green card. im doing nothing at home while my husband is at work so i think its but fair for me to do the research since its me who has more time, just a humble opinion.

anyways...

i thank everyone here for the advise, i greatly appreciate it. i have just mailed this morning the documents for AOS and advance parole application.

[sassyclassy 0]

Since nobody seems to understand this, I'll repeat it a little louder this time:

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

The OP has indicated that they are currently out of status. Granted they are just days out of status so there's no re-entry ban yet but AP isn't a guarantee that they'll be re-admitted. CBP could see that they overstayed and choose to ignore the AP document all together.

Why take a chance when they can simply go home for the holidays next year?

oh, this sounds scary! so you're saying its best to wait for green card instead?

[sassyclassy 0]

The AP is fast reply. ours was approved sept 30th states notice was sent but never received anything.

still waiting for the document or what ever it is.

today got email about having interview appointment for the GC

Definitely need to file your aos for resident, work, travel

better to do all at once get it over with. will cost total about $1100 about 46k peso includes you mailing documents.

lots more paperwork & you will stress out but just do it and you will be fine.

But do not leave the country at all until you have the documents.

If I had ours I would scan edit & show you what it looks like.

Good Luck from California/Oregon.

many thanks! its so nice of you...

[sassyclassy 0]

That is news, I've seen more than a few threads where someone received AP and was turned away at the border.

Admission is entirely up to CBP, they can refuse entry. They can't take your Greencard though.

Especially if your friend was out of status long enough to incur a re-entry ban then she was very lucky. Maybe she got an inexperienced CBP officer who simply took the AP document at face value and ignored the Ban.

Regardless as I've always said with immigration matters why would you risk it when you can simply wait until you're done with the AOS process and have the Greencard in hand? Unless there is a life altering event I would always play it safe over banking on everything working perfectly.

now im torn...........................

[JimVaPhuong 4,863]

Since nobody seems to understand this, I'll repeat it a little louder this time:

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

The OP has indicated that they are currently out of status. Granted they are just days out of status so there's no re-entry ban yet but AP isn't a guarantee that they'll be re-admitted. CBP could see that they overstayed and choose to ignore the AP document all together.

Why take a chance when they can simply go home for the holidays next year?

No, AP is not useless after the I-94 has expired. AP is advance permission to be paroled back into the US. The only time it's useless is if the alien will trigger a ban when they leave. The advance parole becomes useless because the ban was triggered after the AP was approved. There are specific warnings about this in the AP application.

The OP hasn't accrued enough overstay to trigger a ban. If she get's her AOS application submitted soon then she'll stop accumulating unlawful presence. She shouldn't have any problem using the AP.

Not true! My friend applied for AOS almost 2 years after getting married (way after her I-94 expired) and applied for an AP as well. She left in july of this year, came back to the US in august. No problem.

This is either BS or the CBP officer who admitted her severely dropped the ball. She should have triggered a ban when she left the US. Don't be surprised if this comes up at her AOS interview.

[VanessaTony 3,567]

The OP should not apply for or attempt to use AP. She is in overstay as her I-94 expired yesterday!

If the files AOS even with AP and leaves the country then her AOS application will be considered abandoned.

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

No it won't. I'm sorry but you're confused. The OP's I-94 expired YESTERDAY. She has NOT accrued enough overstay days to incur a ban and is perfectly fine to use AP and wouldn't be the first.

**Edit - posted before seeing that Jim corrected you as well.

Edited October 20, 2011 by Vanessa&Tony

[VanessaTony 3,567]

Not true! My friend applied for AOS almost 2 years after getting married (way after her I-94 expired) and applied for an AP as well. She left in july of this year, came back to the US in august. No problem.

Can you confirm that she left and rentered before her GC was approved? I agree with Jim that she could have severe issues. She should not have been let back in if she didn't have her greencard, and from what I understand can be denied at interview because she abandoned her status by leaving so long ago and will possibly need to file a waiver for the ban... Jim might know more there but to reiterate IF there is less than 180 days of overstay then there shouldn't be a problem. I personally wouldn't risk it if it's close to that, but a couple of days is no problem.

[kennym 275]

That is news, I've seen more than a few threads where someone received AP and was turned away at the border.

Admission is entirely up to CBP, they can refuse entry. They can't take your Greencard though.

Especially if your friend was out of status long enough to incur a re-entry ban then she was very lucky. Maybe she got an inexperienced CBP officer who simply took the AP document at face value and ignored the Ban.

Regardless as I've always said with immigration matters why would you risk it when you can simply wait until you're done with the AOS process and have the Greencard in hand? Unless there is a life altering event I would always play it safe over banking on everything working perfectly.

Bob 4 Anna..

You maybe correct, but without looking into this deeper, My wife and I had the same situation... We submitted our AOS Package 2 days after the I-94 Expired... We received the AP and EAD about 45 days later, and she travelled to Colombia... While she was gone, she the GC arrived... She had no issues returning to the US, with only the AP.. However, she travelled with a packet of documents, like the Marriage Certificate and teh NOA1 from teh I-485 Application and so forth..

Not saying that you're wrong, but wonder why seemingly so many are able to use AP after the I-94 Expires..

Kenny

[Juan & Nan 12]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

When you file for AOS, also file at the same time for AP. Look at my timeline below. From the day I sent the package, it took 2 months to get the AP. So, if you want to ahve your AP on hand before Christmas, I recommend you file....today! Good luck!

[kennym 275]

You should file your AOS Package as soon as possible.. YOu will need to go to a Biometrics appointment, but your AP and EAD should take about 60-75 Days.. And you GC should arrive in about 120 days...

[Juan & Nan 12]

Bob 4 Anna..

You maybe correct, but without looking into this deeper, My wife and I had the same situation... We submitted our AOS Package 2 days after the I-94 Expired... We received the AP and EAD about 45 days later, and she travelled to Colombia... While she was gone, she the GC arrived... She had no issues returning to the US, with only the AP.. However, she travelled with a packet of documents, like the Marriage Certificate and teh NOA1 from teh I-485 Application and so forth..

Not saying that you're wrong, but wonder why seemingly so many are able to use AP after the I-94 Expires..

Kenny

I'd just like to say that after everything we went thought to get my wife (then fiance). Neither one of was would to anything (like leaving the country) without being 100% sure that she would be admitted again. I undertand that you miss your family and want to spend Christmas with them, but is it worth the risk to you? That is the question.

I would also like to point out that in the letter accompaning the AP card, it said that the AP card does not "guarantee" reentry in the US. It is it still the decision of the officer. Look at you the letter that came with your AP card. What ever you decide, good luck!

[kennym 275]

I'd just like to say that after everything we went thought to get my wife (then fiance). Neither one of was would to anything (like leaving the country) without being 100% sure that she would be admitted again. I undertand that you miss your family and want to spend Christmas with them, but is it worth the risk to you? That is the question.

I would also like to point out that in the letter accompaning the AP card, it said that the AP card does not "guarantee" reentry in the US. It is it still the decision of the officer. Look at you the letter that came with your AP card. What ever you decide, good luck!

Yea, I completely agree with you... I had to weigh out the risks and the potential for disaster, against my wifes strong desire to see her daughter and her family..

After asking a few times here on VJ, about the possible problems, we decided the risk was minimal and I couldnt keep my wife from going to see her family after being here for 6 months...