WARNING for AOS filers who also file for AP

[Hypnos 6,576]

K-1s are out of status in the same way that anyone else is, between the time period of their I-94 expiring and when their application for AoS is accepted for processing by USCIS.

[Savka 1]

So...if my i-94 expired on sept.8 and my NOA1 is from sept. 11 and i was here on j1 visa before and i went home week after my visa was expired, is that means that i should be fine to travel to my country or not? because i`m debating to go or not ....:S:S:S

[Hypnos 6,576]

Yes, that's only three days of overstay which is not enough to trigger the three year bar (which requires 180 days of overstay).

Assuming you have AP.

[Savka 1]

Yes i have AP but it`s not a combo card because i applied later, so i have the paper AP and it`s saying in the middle that`s not guarantee reentry... it`s just make me worried to use it, but the procces for AOS is taking indefinite period, so maybe i`ll have to use AP...

[Troll 42]

K-1s are out of status in the same way that anyone else is, between the time period of their I-94 expiring and when their application for AoS is accepted for processing by USCIS.

As long as the marriage was inside of the 90 days then there is no unlawfull stay if the adjustment of status is filed at a later date. A person in this situation can travel if they have an unexpired AP.

[Harpa Timsah 13,258]

As long as the marriage was inside of the 90 days then there is no unlawfull stay if the adjustment of status is filed at a later date. A person in this situation can travel if they have an unexpired AP.

That is not true.

[Troll 42]

That is not true.

Ok. Whatever you say. My wife only experienced exactly what i said. But if you say its not true, then i guess my wife going home on an AP didn't happen.

[Harpa Timsah 13,258]

Ok. Whatever you say. My wife only experienced exactly what i said. But if you say its not true, then i guess my wife going home on an AP didn't happen.

Says the Troll.

Perhaps you misunderstand. Did your wife overstay by 180 days between the I-94 expiry and the time you filed for AOS? I am not sure the timeline would even work out with these relatively new court cases.

Either way, I don't think you are a serious account. You have no timeline etc.

Edited March 6, 2013 by Harpa Timsah

[Peter_Pan 661]

So, a K1 that was out of status for under 180 days after the 90 days period expired should still be able to travel on AP without a problem?

[Harpa Timsah 13,258]

So, a K1 that was out of status for under 180 days after the 90 days period expired should still be able to travel on AP without a problem?

Yep!

[Troll 42]

Your timeline indicates that you have no unlawful presence issues (you applied for AoS well before your 90 days of authorised stay expired, and you would need at least 180 days of unauthorised presence to trigger the three year bar).

You should have no issue re-entering using AP.

If someone came on a K-1 visa and married within the 90 day period but did not file for adjustment of status until, lets say 10 months after POE, then why would their adjustment of status get approved along with an AP and EAD? A person that marries within their 90 days is here lawfully until they file for their AOS. If they go longer than 180 days then it does not put them in an unlawfull category. Granted, if they do not have an AP or GC then it would be stupid to travel outside the united states because then they have no documents to allow them back in and the process would have to be started completly over. If the 180 day rule was the case then i know of 3 different couples that would have been denied their AOS based off what you stated above.

Edited March 6, 2013 by Troll

[Harpa Timsah 13,258]

If someone came on a K-1 visa and married within the 90 day period but did not file for adjustment of status until, lets say 10 months after POE, then why would their adjustment of status get approved along with an AP and EAD? A person that marries within their 90 days is here lawfully until they file for their AOS. If they go longer than 180 days then it does not put them in an unlawfull category. Granted, if they do not have an AP or GC then it would be stupid to travel outside the united states because then they have no documents to allow them back in and the process would have to be started completly over.

Overstay ban is triggered upon exit. Overstay is irrelevant/forgiven for spouses of USCs who adjust in-country. You could overstay 50 years and still get your GC approved (and then you could travel - upon approval of the GC any overstay no longer matters). AP is routinely approved even if the person cannot use it. The document has a warning right on it about the specifications. EAD makes no sense even being brought up here. AOS would never be denied for overstay. We are talking about traveling on AP.

You are misinformed.

Edited March 6, 2013 by Harpa Timsah

[Troll 42]

So, a K1 that was out of status for under 180 days after the 90 days period expired should still be able to travel on AP without a problem?

The answer is Yes. But even if you filed AOS after the 180 days, as long as you were married within the 90 day period then the presence is not unlawfull. You will get approved for your AOS. If you married your spouse within the appropriate timeline of the k-1 and file AOS at a later date, as long as your spouse does not attempt to work, drive cars ect. ect. Then she has not broken any rules. And therefore her approval would be routine.

[Troll 42]

Overstay ban is triggered upon exit. Overstay is irrelevant/forgiven for spouses of USCs who adjust in-country. You could overstay 50 years and still get your GC approved (and then you could travel - upon approval of the GC any overstay no longer matters). AP is routinely approved even if the person cannot use it. The document has a warning right on it about the specifications. EAD makes no sense even being brought up here. AOS would never be denied for overstay. We are talking about traveling on AP.

You are misinformed.

I agree with your post, except for the misinformed part. I am a serious account going through a very long and drawn out visa journey. Then what is all the fuss about? If a person has an unexpired AP then they are given permission to travel to and from the US. The only thing that matters in a K-1is that they are married within the 90 day timeframe. Its dumb to argue on a K-1 about overstay 180 days if the person married within the 90 days.

Edited March 6, 2013 by Troll

[Troll 42]

So, a K1 that was out of status for under 180 days after the 90 days period expired should still be able to travel on AP without a problem?

Did you file your AOS along with your AP? If you did then great. But i am not sure what the USCIS would think about a K-1'r continuing to file for an AP and not an AOS. But in your situation you would not run into a problem.