K1 Visa - AOS

[Inthewoods 0]

I'm not sure if this helps shed some light on the equation...

The I-94 says

Admit Until Date: 02/08/2016

I filed AOS and received the NOA on the 18th February 2016

Biometrics was supposed to be today only my wife went along and did whatever she did

So based on that I have an overstay of 10 days, plus the next couple of days to get out of here.

I'm not even sure I want to come back but I don't want to do something that could potentially change that in the future.

Edited March 14, 2016 by Inthewoods

[Caryh 5,206]

I'm not sure if this helps shed some light on the equation...

The I-94 says

Admit Until Date: 02/08/2016

I filed AOS and received the NOA on the 18th February 2016

Biometrics was supposed to be today only my wife went along and did whatever she did

So based on that I have an overstay of 10 days, plus the next couple of days to get out of here.

I'm not even sure I want to come back but I don't want to do something that could potentially change that in the future.

You have until February 18th, 2017 or until they adjudicate your case before the any more out of status days would accumulate. No one can cancel your AOS application for you, not even your wife. Unless you've given her power of attorney to act on your behalf. As I mentioned, you should withdraw it once you leave the country. Or you could drop the withdrawal letter in the mail at the airport as you fly out.

The only thing your wife could do to insure you don't get a green card is withdraw her I-864 affidavit of support. As a K-1, you must have an I-864 from the person who petitioned you to get your green card, unless you're a VAWA applicant. But still its not retroactive to the day she pulls it, what matters is when they adjudicate your case. Even if she suddenly wanted to say it was fraud, nothing would come of it until the adjudication occurs.

[Inthewoods 0]

Thank you for your advice and your insight. I am very grateful.

[KayDeeCee 4,896]

Once you file for AOS, you are in a new period of authorized stay, for the whole time you have a pending AOS application. No overstay No bar to worry about. Does not matter if they withdraw or abandon the AOS.

https://fam.state.gov/fam/09FAM/09FAM030209.html

(5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);

Edited March 15, 2016 by KayDeeCee

[EM_Vandaveer 2,417]

9 or 10 days overstay then, as his I-94 expired before he filed for AOS. I believe he can't use VWP anymore...

[Inthewoods 0]

I sent the paperwork for the AOS on the 1st February only unfortunately the NOA date was the 18th February so I am guessing I needed the NOA before the I-94 date ended.

[Boiler 46,356]

You have no ban but the issue is using the VWP, assume you will need to apply for a B if you want to visit in the future.

[KayDeeCee 4,896]

9 or 10 days overstay then, as his I-94 expired before he filed for AOS. I believe he can't use VWP anymore...

Yes, should not have stated 'no overstay', since it seems the receipt date for the AOS was 10 days after I-94 expired. Not enough for a bar, but may need to apply for a tourist visa in the future.

[EM_Vandaveer 2,417]

Unfortunate situation. B visas are not easy to get in countries that are on the VWP list.