Big Problem

[j220 0]

90 days is irrelevant, 180 is another issue but does not apply.

what does 90 days and 180 days mean please?

[belinda63 3,047]

If you overstay by 180 days to 364 days you have a 3 year ban from entering the US. If you overstay 365 days or more there is a 10 year ban. Since AOS was never filed the days after the I-94 expired are considered to have been an overstay. Since it is less than 180 days it should not require a waiver when filing for a visa.

[dwheels76 5,469]

what does 90 days and 180 days mean please?

So I take they didn't even file for EAD or Advance Parole (many do this when they come and file AOS later).

Tell your friend they are looking at doing this all over now with a CR1 and looking at him coming back in 12 to 16 months from now. The wait is 8 to 12 months just at USCIS. man they messed up big time.

[slowlyman 118]

Ya, something about this doesn;t add up. They had the money to fly back but did not have the money for AOS. At the very least file an expedited AP. I'm always a bit leary of the "friend" posts.

[j220 0]

I thank everyone, for their time, effort, and info, greatly appreciated.

For the record he messed up truly, its a horrible situation but unfortunately they have to figure that out now.There are no scams involved in this situation. I stated the pure facts for my friend and now she and him will know what their next steps are. Thanks again.