WARNING for AOS filers who also file for AP

[newacct 688]

Yes actually there have been people denied entry. Of course not for a while on this forum because

"not for a while" -- is that "not since Arrabally"? The more interesting question is has anyone known to have been denied entry on AP after the Arrabally decision if they have no other grounds of inadmissibility, especially if they cite Arrabally and are still denied.

Edited March 6, 2013 by newacct

[VanessaTony 3,567]

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) The purpose of a K-1 is that they are being admitted is that the holder of a K-1 VISA is to marry a USC and achieve permanent residency. So in essence they are admitted LAWFULLY for permanent residence. which is what some have said here already. Thank you for providing that link to the law.

No, you're wrong. A K1 is a non-immigrant visa. A k1 is admitted on a visa. The visa is to marry a USC. The K1 is able to AOS based on the K1 after marriage to their petitioner, they are not a permanent resident until their GC is approved. A K1 is not "lawfully admitted for permanent residence", they're referring to CR-1 and IR-1 visas, ones where entering actually GRANTS permanent residence.

[Charles C 0]

Does this recent action change anything?

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

Is this something one can file for, then travel on AP, and be able to return?

Carlos

[I AM NOT THAT GUY 5,715]

Does this recent action change anything?

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

Is this something one can file for, then travel on AP, and be able to return?

Carlos

Nope. That applies to someone that has an approved I-130 petition, and must travel to the consulate in their home country for a visa interview.

[didopage 337]

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Edited March 9, 2013 by didopage

[keyser 3]

this is good info , i was going to file the AP but i change mind

[CaroSL 68]

this is good info , i was going to file the AP but i change mind

Why? If you fill AOS in time (and actually meet conditions for AOS) there is no risk in using AP. Unless you plan on not filling AOS for 180 days after the 90 days that your K-1 is valid for once you enter the states... In that case, yes, don't use AP.

I think this thread has become a bit confusing for people.

[CaroSL 68]

this is good info , i was going to file the AP but i change mind

I have a friend who got married on WVP then filled for AOS (and EAD and AP). She got EAD and AP after 5 months. She used AP to come back to home country then back in the US. No problem at all.

That's proof that AP can work even if you don't follow the rules. Of course, I don't advise anyone not to follow the rules. But if following the rules strictly, there are no reasons for things to get crazy bad (As a foreign spouse using AP being denied entry even though he/she filled AOS in time... This is not a realistic risk)

[newacct 688]

That's proof that AP can work even if you don't follow the rules.

Which "rules" "didn't they follow"? Also, who said anything about not following rules? The previous people were only talking about the unlawful presence ban.

[Shezi 108]

Ok, so for "new people" in here (like me) who haven't even entered the US yet, the best and safest thing to do is:

To both marry and fill for AOS, EAD, and AP before the end of the 90 days. Even a bit earlier so the NOA1 is issued before the end of the 90 days. This way, there is absolutely no unlawful presence on the US territory. The benificiary can then use AP with no risk (but the one of the AOS being denied while outside of the country, for reason not linked at all to the trip), even 180 days after the I-94 expired.

Am I right?

I understand that the risk of being denied entry when using AP, even if the above conditions are not met could be very low. But why take risks when it is possible not to take any?

That's also my understanding Carol (though I have to say that my understanding was a little clearer before I read the debate in this thread). So to marry, file I-485, file accepted all before expiry date on I-94 means no overstay. This seems clear.

I didn't initially file for I-131, that little phrase 'this does not guarantee re-entry' put me off. But then any risk seemed crazy. After more than 5 months waiting on pending AOS with no information and son's wedding looming later this year, I've decided to apply for I-131 as a precaution. Whether I will have the guts to use it, we'll see

[CaroSL 68]

That's also my understanding Carol (though I have to say that my understanding was a little clearer before I read the debate in this thread). So to marry, file I-485, file accepted all before expiry date on I-94 means no overstay. This seems clear.

I didn't initially file for I-131, that little phrase 'this does not guarantee re-entry' put me off. But then any risk seemed crazy. After more than 5 months waiting on pending AOS with no information and son's wedding looming later this year, I've decided to apply for I-131 as a precaution. Whether I will have the guts to use it, we'll see

yes, this thread is a bit confusing... I think it can scare people out of filling/using AP... I won't lie, I am not super enthusiastic, but I really doubt there is any kind of risk if you marry as soon as in the US, then fill AOS...AP wouldn't even exists if they were not allowing people back in...

[ChaiLatte 1]

I'm happy your uncle was able to get re-entry, but I think that after reading the information at USCIS web page I won't take the risk. I'll just wait for the GC.

Hi Denver422. Could you possible share what did you do next after arriving in the US using K-1 visa? The papers that you have filed to obtain a green card?

Thanks!

[Harpa Timsah 13,258]

yes, this thread is a bit confusing... I think it can scare people out of filling/using AP... I won't lie, I am not super enthusiastic, but I really doubt there is any kind of risk if you marry as soon as in the US, then fill AOS...AP wouldn't even exists if they were not allowing people back in...

My husband used AP and I was scared, but there was no reason for me to be.

I suppose if you leave and commit a bunch of crimes, then try to come back on AP, you won't be let in. But as long as you haven't overstayed 180 days or close to it, and are not a criminal, use it and relax!

btw, there was no guarantee that you'd be let in on your K-1 visa either. Were you worried then?

[CaroSL 68]

My husband used AP and I was scared, but there was no reason for me to be.

I suppose if you leave and commit a bunch of crimes, then try to come back on AP, you won't be let in. But as long as you haven't overstayed 180 days or close to it, and are not a criminal, use it and relax!

btw, there was no guarantee that you'd be let in on your K-1 visa either. Were you worried then?

Good point!

[Shezi 108]

btw, there was no guarantee that you'd be let in on your K-1 visa either. Were you worried then?

Honestly? I don't think there's been a single stage of this process I haven't worried about. There feels to be a difference though between not being able to go make a new life (I would have continued with my old) and, having made a new life, not being able to continue it (lots of sacrifices been made and old life now not where it was!)

I immigrated on the evening of October 28th 2012, Hurricane Sandy was expected in the next day and Dulles was closing down... I think my 'quick' immigration had at least a little to do with that!

Thanks for your reassurance

Edited May 31, 2013 by Shezita