I 512 Advanced Parole VWP entrace

[tawfiq24 0]

All,

I have entered the US under VWP and before the end of VSP period I filed for I485 based on my marriage with a US citizen which took place in 2010. Today I received the I 512-L for travel authorization. I have now overstayed the VWP as I arrived in the US in October of last year. Awaiting my GC I want to travel back to Europe to see my parents. Do you think I am going to be ok? I have read that they might deny entry because of the overstay, but I have filed for Adjustment of Status before the end of the VWP.

Please advice on what to do.

Thanks

TK

[newlyweds2010 208]

All,

I have entered the US under VWP and before the end of VSP period I filed for I485 based on my marriage with a US citizen which took place in 2010. Today I received the I 512-L for travel authorization. I have now overstayed the VWP as I arrived in the US in October of last year. Awaiting my GC I want to travel back to Europe to see my parents. Do you think I am going to be ok? I have read that they might deny entry because of the overstay, but I have filed for Adjustment of Status before the end of the VWP.

Please advice on what to do.

Thanks

TK

Are you saying that you married back in 2010, and then you came here as the spouse of a US citizen under the VWP and filed for adjustment of status based on that marriage?

Edited April 10, 2012 by newlyweds2010

[grrrrreat 109]

All,

I have entered the US under VWP and before the end of VSP period I filed for I485 based on my marriage with a US citizen which took place in 2010. Today I received the I 512-L for travel authorization. I have now overstayed the VWP as I arrived in the US in October of last year. Awaiting my GC I want to travel back to Europe to see my parents. Do you think I am going to be ok? I have read that they might deny entry because of the overstay, but I have filed for Adjustment of Status before the end of the VWP.

Please advice on what to do.

Thanks

TK

Adjusting status grants you a new period of lawful status in the U.S. If you filed the adjustment application before the end of the VWP period you got when you entered, you haven't overstayed at all. The advance parole document is what you need to get back into the U.S.--so bring it with you. If you are worried about being accused of being out of status, you might carry your NOA1 (the letter you got indicating the adjustment application was received), which shows that you are in lawful status, but you shouldn't need it at the border.

People may point out that it perhaps wasn't a good idea to enter on VWP and then adjust. Although there's nothing illegal about adjusting status under the VWP, you aren't allowed to come in under the VWP if you intend to immigrate (stay permanently). If you came in under VWP and then decided to stay after, it might be a good idea to be able to explain why and have documentation of that. You don't want to be accused of fraud because you entered on a non-immigrant status and then became an immigrant. In any case, that won't prevent you from coming back as long as you have the advance parole.

Are you saying that you married back in 2010, and then you came here as the spouse of a US citizen under the VWP and filed for adjustment of status based on that marriage?

That's how I read it, and I know that's frowned upon here, but it shouldn't prevent him coming back with the advance parole.

Edited April 10, 2012 by grrrrreat

[Alaska2012 462]

you might be having an issue if they think you were planning on changing your status all along since you guys were married all ready.

[Little_My 464]

Tawfiq24 - if USCIS received your AOS paperwork before the 90 day mark while you were on the VWP, you did not overstay. If that is the case, you can safely travel using the AP travel document, while your AOS is pending. Just keep in mind that USCIS might be sending correspondence your way regarding the interview, or possibly an RFE if they need anything additional from you, and you should make sure someone is checking your mail if you are gone for anything more than a week.

The intent-part is rarely an issue. Unless the OP was literally asked at POE whether he/she planned to stay in the US to adjust status, to which he/she answered "No", and this went on written record, it is very unlikely it would become a problem. Also, intent alone isn't grounds for denial. It's also irrelevant for his/hers original question regarding traveling with the AP.

[grrrrreat 109]

Tawfiq24 - if USCIS received your AOS paperwork before the 90 day mark while you were on the VWP, you did not overstay. If that is the case, you can safely travel using the AP travel document, while your AOS is pending. Just keep in mind that USCIS might be sending correspondence your way regarding the interview, or possibly an RFE if they need anything additional from you, and you should make sure someone is checking your mail if you are gone for anything more than a week.

The intent-part is rarely an issue. Unless the OP was literally asked at POE whether he/she planned to stay in the US to adjust status, to which he/she answered "No", and this went on written record, it is very unlikely it would become a problem. Also, intent alone isn't grounds for denial. It's also irrelevant for his/hers original question regarding traveling with the AP.

Agreed, but people who are adjusting should be aware of the issue.