I-94 expired 3 days before I-485 receipt. AP invalid?

[3rd 84]

This is not true. Matter of Arrabally from 2012 says otherwise.

I've seen people denied even without the overstay with AP. Just because you have the card doesn't mean that you necessarily will get back in. It even says so on the documentation, which I can't for the life of me find at the moment but there is a thread with it in on here, I just have to find it. At the end of the day, it's up to the officer that lets you into the States. People have had applicable visas and been denied for all sorts of reasons, AP is no different.

Ohh... strange. I was under the impression that once you got married, the I-94 didn't matter and your presence was lawful. I never read anywhere that you had to file for AOS before the 90 days was up, in fact, some people filed a year or more after they got married. So they were technically here illegally during that whole time? And my wife was here unlawfully for 3 days? What if she got stopped at an immigration checkpoint on the road during that time would she be deported?

Presence isn't lawful until you have applied for AOS and had confirmation from USCIS that they have received your application. You also don't have to file within the 90 days, but every day you overstay is a worry. I overstayed my I-94 but as soon as I got my NOA I have been in lawful presence.

[I love San Diego 18]

Thank you. Well I still feel worried to leave the country... I know they will probably let my wife back but if they didn't that I would be really awful. A huge financial and emotional burden.

[GermanCanadian89 7]

She should not leave the country, for one, because doing so will abandon her AOS and she would have to do Consular Processing which means spending a long time abroad.

But the saying that she will get a ban are wrong. Arrabally perhaps wasn't that widely known back in 2013.

I'm about to travel and I'm a little concerned because I didn't file for aos right away. Like over a year and a half later. I have my AP card now. Should I call uscis to make sure I will be let back into the USA?

I just don't understand how one can abandon their status, with AP card in hand. And isn't it up to the customs officer to let you back in?

[Transborderwife 4,666]

I'm about to travel and I'm a little concerned because I didn't file for aos right away. Like over a year and a half later. I have my AP card now. Should I call uscis to make sure I will be let back into the USA?

I just don't understand how one can abandon their status, with AP card in hand. And isn't it up to the customs officer to let you back in?

Until you become a full fledged citizen there is never any guarantee that you'll be let in. It is indeed up to the officer. However, bring all copies of immigration notices that you have just in case.

[GermanCanadian89 7]

Until you become a full fledged citizen there is never any guarantee that you'll be let in. It is indeed up to the officer. However, bring all copies of immigration notices that you have just in case.

Thank you. I know I'm not guaranteed entry but, it would be stupid for them to deny me and then let my toddler go back home. What kind of officer would do that unless they're cold hearted.

I plan on bringing my entire folder. Everything from visa process (k1) up to everything I got back from uscis. The last letter I got was the interview waiver and that, I won't hear from them for another 6 mos. And I'll bring my marriage certificate, since my last name changed. And my husband and child will be with me as well.

[3rd 84]

Thank you. I know I'm not guaranteed entry but, it would be stupid for them to deny me and then let my toddler go back home. What kind of officer would do that unless they're cold hearted.

I plan on bringing my entire folder. Everything from visa process (k1) up to everything I got back from uscis. The last letter I got was the interview waiver and that, I won't hear from them for another 6 mos. And I'll bring my marriage certificate, since my last name changed. And my husband and child will be with me as well.

The general consensus is that if you've amassed over 180 days of unlawful presence, despite being issued an AP card to travel on, you shouldn't risk it. Cold-hearted doesn't come into it when they have to do their job, which is to abide by the law (even if it seems that sometimes they can be a little lax with the rules). If it were me travelling with my kid, I wouldn't want to risk not being let back into the country.

[I love San Diego 18]

Thank you. I know I'm not guaranteed entry but, it would be stupid for them to deny me and then let my toddler go back home. What kind of officer would do that unless they're cold hearted.

I plan on bringing my entire folder. Everything from visa process (k1) up to everything I got back from uscis. The last letter I got was the interview waiver and that, I won't hear from them for another 6 mos. And I'll bring my marriage certificate, since my last name changed. And my husband and child will be with me as well.

Hello, please double check before you leave the country. From what I gather... if you did not file for your AOS more than 180 days from your I-94 expiration date, you will be automatically barred from entering the country for three years. Yes it is stupid. My wife could not even get a drivers license because the DMV could not verify her legal status.... yet, they opened the DMV on a Saturday just for illegal aliens from Mexico to get DRIVERS LICENSES!! Unbelievable!! Why do people in this country who follow the law, who contribute to society with tax dollars, get punished?

Sorry for my rant. Please check with an immigration attorney to make sure you will be allowed back in.

The general consensus is that if you've amassed over 180 days of unlawful presence, despite being issued an AP card to travel on, you shouldn't risk it. Cold-hearted doesn't come into it when they have to do their job, which is to abide by the law (even if it seems that sometimes they can be a little lax with the rules). If it were me travelling with my kid, I wouldn't want to risk not being let back into the country.

Yep! Please consider this carefully before leaving... getting barred from entry for 3 years would be a disaster in many ways.

I am scared to leave even though my wife only had 3 days between the I-94 expiration and AOS receipt notice.

[3rd 84]

Hello, please double check before you leave the country. From what I gather... if you did not file for your AOS more than 180 days from your I-94 expiration date, you will be automatically barred from entering the country for three years. Yes it is stupid. My wife could not even get a drivers license because the DMV could not verify her legal status.... yet, they opened the DMV on a Saturday just for illegal aliens from Mexico to get DRIVERS LICENSES!! Unbelievable!! Why do people in this country who follow the law, who contribute to society with tax dollars, get punished?

Sorry for my rant. Please check with an immigration attorney to make sure you will be allowed back in.

Yep! Please consider this carefully before leaving... getting barred from entry for 3 years would be a disaster in many ways.

I am scared to leave even though my wife only had 3 days between the I-94 expiration and AOS receipt notice.

Definitely check with an attorney to be safe.

[GermanCanadian89 7]

I don't have money for an attorney. Hopefuly uscis can answer

[GermanCanadian89 7]

I called uscis. They said I'm in the clear since I have a AP. I might all border control tomorrow and get their opinion

[GermanCanadian89 7]

So. I read this thread. Scared I'd get a 3year ban because I was unlawfully here in the USA for 1.5 years.

It even says on your noa about this ban. I called uscis and they gave me the green light to cross borders.

I went into Canada and I was alright. I was scared coming back into the USA because I was unlawfully here.

I got pulled in and thought that, I was getting banned. I wasn't and didn't. I think the k1 process allows you to be here while you wait for the process. The customs officer told me I will continue to get pulled in until I am done the process and he told me to give extra time if I have a flight to catch because you never know how long it will take.

My poe was rainbow bridge. The room was full but, I don't think we waited long, 30 mins tops. Passport stamped and, I was on my way. No ban!