AOS Pending: AP granted and B2 10 Year Multiple Entry Visa Set to Expire

[downunder300 0]

I have an AOS application pending for my wife and an interview scheduled in January. We have already received our Advanced Parole travel & EAD card. My wife originally entered the U.S. on a B2 multi-entry 10 year visa with a 6 month entry stamp on her I-94. The visa is set to expire shortly before the interview but is still valid.

My question is whether we should make a short trip out of the U.S. before her B2 visa expires and just re-enter on Advanced Parole and get a new I-94? I am concerned if for some reason the interview goes bad and her AOS is denied she will now be marked as having overstayed on her B2 visa and would have trouble re-entering the U.S. in the future on the same visa. This way she hopefully won't run the risk of violating her B2 visa.

[jaycali 415]

No, don't leave.

If you don't pass the interview she will have WAY bigger things to worry about than an overstay anyway.

Edited December 16, 2012 by Jay Jay

[amykathleen2005 441]

Did she already overstay when she had filed for AOS?

[downunder300 0]

Did she already overstay when she had filed for AOS?

She has never overstayed and is still current under her existing B2 visa.

[Dave&Roza 748]

I have an AOS application pending for my wife and an interview scheduled in January. We have already received our Advanced Parole travel & EAD card. My wife originally entered the U.S. on a B2 multi-entry 10 year visa with a 6 month entry stamp on her I-94. The visa is set to expire shortly before the interview but is still valid.

My question is whether we should make a short trip out of the U.S. before her B2 visa expires and just re-enter on Advanced Parole and get a new I-94? I am concerned if for some reason the interview goes bad and her AOS is denied she will now be marked as having overstayed on her B2 visa and would have trouble re-entering the U.S. in the future on the same visa. This way she hopefully won't run the risk of violating her B2 visa.

Now that you have the AP the B2 Visa is worthless. You would travel on her passport and then seek re-entry to the US with the AP card not the B2 visa. The are no guarantees to re-entry unless you are a USC, but having the AP and no overstay should be just fine. Re-entering on AP would not require you to file another I-94 form as she is about to become a LPR. This would be the same advise if the B2 visa had already expired as she should seek re-entry on the AP and then the GC.

Good luck,

Dave

[ceadsearc 516]

Unnecessary. If she got denied because you messed up with the application you'd just refile. If she got denied for something like a felony or fraud it isn't going to matter if she has overstay or not because like someone else said that would be a much bigger problem.

Additionally, she is in a period of authorized stay now. I have seen some threads here suggesting if she got denied this period would not count as overstay since she was allowed to be here at the time but I don't have factual evidence of that. But if it is true the I-94 wouldn't matter and if it isn't the I-94 from the AP probably will not help because the entire period would be unauthorized - AP is not a visa and doesn't give legal status.