Panicking! Quick Question...

[RubyMoss88 2]

Hey!

I'm doing my I-485 paperwork as we speak, and I'm worried that I won't be eligible for re-entry with Advance Parole.

I got married within 90 days (25th January). My I-94 expired on February 9th, but gathering all the documentation etc means that I am only sending the paperwork tomorrow (10th March).

Does this mean I have accumulated over a month of overstay?

(I'm guessing I've been 'Out of Status' since the 9th.)

I've read lots of different information and I'm a little confused; some places say that Advance Parole re-admission wouldn't be an issue providing you haven't overstayed more than 180 days. Other places say not to leave the country if you have overstayed at all until you have your Green Card in hand.

I've got a trip in July planned and I might just cry if I've messed it all up by not applying for AOS before my I-94 expires.

Thanks so much!

[Eri&Greg 5]

My wife entered the USA K1 visa 15 AUG 2013

info on I-94;

Admit Until date 12 Nov 2013

I-94 expired 11/30/2014 .... double check your expired date, I'm confused why yours is expiring so soon.

Married Sep and we filed our I-485 including EAD and AOS early December.

Everything was fine for us.... she received her EAD AND AOS near the date VJ suggested, then two weeks later had the interview, passed and a week later green card in hand.

-Greg

Edited March 9, 2014 by Eri&Greg

[HollyGolightly 72]

What visa category are you adjusting from? Overstay is usually forgiven for USC spouses that AOS, however you must not leave the country while your status is being processed. Leaving without AP with an overstay can get you a ban. As long as you're filing AOS do not worry about the overstay or accumulated out of status days as this will be forgiven. It is possible that you will have received your AP/EAD combo card in time for your trip in July but note that AP is some AOS cases (e.g.. adjustment from B2) is not a guarantee that you will be let in once you leave. I suggest you just wait for the GC to be safe.

[RubyMoss88 2]

My wife entered the USA K1 visa 15 AUG 2013

info on I-94;

Admit Until date 12 Nov 2013

I-94 expired 11/30/2014 .... double check your expired date, I'm confused why yours is expiring so soon.

Married Sep and we filed our I-485 including EAD and AOS early December.

Everything was fine for us.... she received her EAD AND AOS near the date VJ suggested, then two weeks later had the interview, passed and a week later green card in hand.

-Greg

Greg, I thought that the only date that matters is the 'Admit Until' date; the top of my I-94 states 'Expiration Date" 11/30/2014' but I presumed (possibly incorrectly) that this was nothing to do with it (similar to when the Visa/Adjustment paperwork has a date at the top of the page). I thought that once the 90-Day Window (November 12th 2013 - February 9th 2014) had expired, I would then be considered to have 'overstayed' - in regards to re-admission with AP. I've seen some people state that it doesn't matter if you apply for AOS after it expires, as long as you have not overstayed by 180 days or more, but I'm not sure if this is correct, and which date is relevant on the I-94!

What visa category are you adjusting from? Overstay is usually forgiven for USC spouses that AOS, however you must not leave the country while your status is being processed. Leaving without AP with an overstay can get you a ban. As long as you're filing AOS do not worry about the overstay or accumulated out of status days as this will be forgiven. It is possible that you will have received your AP/EAD combo card in time for your trip in July but note that AP is some AOS cases (e.g.. adjustment from B2) is not a guarantee that you will be let in once you leave. I suggest you just wait for the GC to be safe.

Holly, I am adjusting from a K-1 Fiancée Visa. I am filing the I-131 AP paperwork with my I-485 AOS paperwork, but I won't be travelling if I don't receive it in time.

I'm just trying to confirm that, as long as I have not 'Overstayed' more than 180 days (I'm currently at 28) then this should cause no additional issues when re-entering the US with AP (apart from the usual conditions that anyone using AP has to be eligible under).

It's the AP that's my main concern; it seems clear that the I-94 expiration date doesn't affect the application to Adjust Status, I just wanted to make sure that I wouldn't automatically be denied entry if I visit home using AP, having been 'Out of Status' for a month or so. Is it correct that, once your AOS application has been accepted, this automatically makes you 'In Status' again?

(Sorry, just trying to get my head around it all - I worry myself sick sometimes - thank you both for your responses!)

[slowlyman 118]

Greg, I thought that the only date that matters is the 'Admit Until' date; the top of my I-94 states 'Expiration Date" 11/30/2014' but I presumed (possibly incorrectly) that this was nothing to do with it (similar to when the Visa/Adjustment paperwork has a date at the top of the page). I thought that once the 90-Day Window (November 12th 2013 - February 9th 2014) had expired, I would then be considered to have 'overstayed' - in regards to re-admission with AP. I've seen some people state that it doesn't matter if you apply for AOS after it expires, as long as you have not overstayed by 180 days or more, but I'm not sure if this is correct, and which date is relevant on the I-94!

Holly, I am adjusting from a K-1 Fiancée Visa. I am filing the I-131 AP paperwork with my I-485 AOS paperwork, but I won't be travelling if I don't receive it in time.

I'm just trying to confirm that, as long as I have not 'Overstayed' more than 180 days (I'm currently at 28) then this should cause no additional issues when re-entering the US with AP (apart from the usual conditions that anyone using AP has to be eligible under).

It's the AP that's my main concern; it seems clear that the I-94 expiration date doesn't affect the application to Adjust Status, I just wanted to make sure that I wouldn't automatically be denied entry if I visit home using AP, having been 'Out of Status' for a month or so. Is it correct that, once your AOS application has been accepted, this automatically makes you 'In Status' again?

(Sorry, just trying to get my head around it all - I worry myself sick sometimes - thank you both for your responses!)

The AOS paperwork asks if you have an overstay of 90 days or more. 8 days is not a problem. Couples here on VJ have waited a significant amount of time before filing AOS without repercussion.

Your AOS NOA1 is your status until you get the GC

[HollyGolightly 72]

It is rare for anyone to be filing AOS within the period of the I-94 for K1. Most do accumulate out of status days. What is important is you file AOS eventually after entering and getting married. You do not get "in status" following your filing of AOS papers but you are technically considered AOS in process which gives you a legal stay. Your NOA is your proof of AOS, carry it with you for your peace of mind. Good luck and don't stress, you're fine.

[RubyMoss88 2]

It is rare for anyone to be filing AOS within the period of the I-94 for K1. Most do accumulate out of status days. What is important is you file AOS eventually after entering and getting married. You do not get "in status" following your filing of AOS papers but you are technically considered AOS in process which gives you a legal stay. Your NOA is your proof of AOS, carry it with you for your peace of mind. Good luck and don't stress, you're fine.

Thank you! I am a serial worrier, I bring it on myself!

And thanks for your response, Slowlyman!

[Sekhvaruli 74]

I would recommend you not leaving the US before you get your GC.

The bright part is that you might actually get it before July - processing times are pretty fast for AOS.

[Cathi 5,748]

I would recommend you not leaving the US before you get your GC.

The bright part is that you might actually get it before July - processing times are pretty fast for AOS.

As long as she has advanced parole she is free to travel abroad

[JParce 8]

My sister got her advance parole in 4 months after she sent all the paperwork, I am not saying that yours should take the same time because you know sometimes some people takes more time than others but hopefully you can get it before July.

when travel to visited us, she had an issue when she came back to the States, when she filed for her AP she wrote her name but using her husband last name so the parole was given to her but her passport had her previous last name, when she came back immigration officer gave her a hard time to get into the country.

Immigration contacted my brother in law to corroborate her answers and luckily he received my sister's green card few days ago so he sent a copy through fax and answered all questions. She was good to go... my advice here is if you are filing your parole with your husband's last name either update your passport or use the same name that you have on your passport to avoid any problem.

I hope everything go well for you!

[JParce 8]

According to USCIS the timeline it is 3 months to approve the AP!

[nobbie 105]

File for AP with AoS and use it when you get it. Mine took 70 days from filing to having it in hand. GC may take up to a year, I have been told another 6 months as I probably will not have an interview. Make sure you file for EAD as well.

[Kelli/Ozzy 8]

My hubs and I got married 12/20/12 and we didn't file for his AOS until April 19 of 2013 because I needed our tax return money to make it happen. 63 days later he got his advanced parole (ability to travel) and his work permit. it wasn't until jan 4 2014 that he got his actual GC but as long as you have the Advanced Parole (AP) you are safe to travel abroad. just pay attention the time guidelines

[David & Diana R 1,005]

Don't leave until you know the coast is clear

[Brit Abroad 166]

No panic necessary.

Provided you fulfilled the requirement to marry within 90 days of entering on the K1 (fiance/e) visa, you are free to apply for AoS when it is convenient.

Many people cannot apply for AoS immediately (financial reasons, illness, marriage certificate doesn't come through quickly enough) so it's not unheard of for people to file up to a year later. In theory, you apply for AoS as soon as possible, so you can get employment authorisation, advanced parole (and yes, many people have had to use it to return to their home countries for personal emergencies) and kick the ball into play for getting the green card. It stops all that worry about being stopped until you have the Notification document in hand to prove your status.

If your travel time gets close and you still haven't received your AP document, make an Infopass appointment with your local USCIS office and ask them to give you a temporary stamp (I-551) in your passport. You will need to take the passport, your travel documents (flight tickets, itinerary) with you. This acts as a parole into the US until you have documentation.

Good luck.