about to hit the 6 months overstay, can I still get Advance parole? (merged threads)

[kicho761 0]

Hello,

My Visa and I 94 Expired on October 5, me and my girlfriend (American Citizen) are gonna get marriage but I hear that if I pass the 6 months of overstay I may not be good idea using Advance Parole which is a big deal for me.

My question is, can I still use Advance Parole if we hurry and get everything together days before the 6 months of overstay or still wouldn't good idea use the Advance Parole?

In case I can not use the Advance Parole, I would try the K 1 visa, but once I get to the USA and get married can I leave the country or still wouldn't be allowed?

Last question, When does USCIS counts the applications has been successful (and I am safe in USA)? just after we send the documents or until the cash the check?

[Jack2107 46]

Hello,

My Visa and I 94 Expired on October 5, me and my girlfriend (American Citizen) are gonna get marriage but I hear that if I pass the 6 months of overstay I may not be good idea using Advance Parole which is a big deal for me.

My question is, can I still use Advance Parole if we hurry and get everything together days before the 6 months of overstay or still wouldn't good idea use the Advance Parole?

In case I can not use the Advance Parole, I would try the K 1 visa, but once I get to the USA and get married can I leave the country or still wouldn't be allowed?

Last question, When does USCIS counts the applications has been successful (and I am safe in USA)? just after we send the documents or until the cash the check?

Okay so from what I've read on here and on other immigration advice websites is that now you have overstayed and already plan on marrying then the best option is to marry and file your papers. Advance parole is only for emergency situations so you might not get it if you have already overstayed by 6 months.

Also I highly doubt you would get a k visa as you have had a long overstay.

Secondly if you did get a k1 visa then you would have to stay in the USA until you receive your greencard.

It's hard to get past an overstay as it shows you don't really follow the laws.

Best option is to file and stay until you have AOS then you will be able to travel. Will take about a year.

[Hypnos 6,578]

Your visa expired the moment you passed through CBP controls at the airport, since it's a single-use visa and you used it.

Per Matter of Arrabally, the overstay bars do not apply to someone with a pending I-485 and has who also been granted Advance Parole, so there is minimal risk to you in using it for foreign travel.

You should file for AoS as soon as is practicable.

Edited March 24, 2016 by Hypnos

[Transborderwife 4,666]

Okay so from what I've read on here and on other immigration advice websites is that now you have overstayed and already plan on marrying then the best option is to marry and file your papers. Advance parole is only for emergency situations so you might not get it if you have already overstayed by 6 months.

Also I highly doubt you would get a k visa as you have had a long overstay.

Secondly if you did get a k1 visa then you would have to stay in the USA until you receive your greencard.

It's hard to get past an overstay as it shows you don't really follow the laws.

Best option is to file and stay until you have AOS then you will be able to travel. Will take about a year.

Wrong. Ap is not emergency only. You're safe to use it as pet matter of Arabally https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748%20%28final%29.pdf

With an aos it'll take about 90 days to get ead ap

Edited March 24, 2016 by Transborderwife

[Canerican 242]

Hello,

My Visa and I 94 Expired on October 5, me and my girlfriend (American Citizen) are gonna get marriage but I hear that if I pass the 6 months of overstay I may not be good idea using Advance Parole which is a big deal for me.

My question is, can I still use Advance Parole if we hurry and get everything together days before the 6 months of overstay or still wouldn't good idea use the Advance Parole?

In case I can not use the Advance Parole, I would try the K 1 visa, but once I get to the USA and get married can I leave the country or still wouldn't be allowed?

Last question, When does USCIS counts the applications has been successful (and I am safe in USA)? just after we send the documents or until the cash the check?

OP, we assume you are on a K-1 visa. If so and you have not gotten married within the 90 days which would be Oct 5 as CBP makes your I-94 90 days from entry you should have went home as this is a requirement of the K-1. I do not think that you can apply for AOS if you have not gotten married within the 90 days.

If I am wrong about the the type of visa please correct.

[Transborderwife 4,666]

OP, we assume you are on a K-1 visa. If so and you have not gotten married within the 90 days which would be Oct 5 as CBP makes your I-94 90 days from entry you should have went home as this is a requirement of the K-1. I do not think that you can apply for AOS if you have not gotten married within the 90 days.

If I am wrong about the the type of visa please correct.

I do not think that op entered on a k1, bit is asking if they should go this route

[Unidentified 2,930]

Okay so from what I've read on here and on other immigration advice websites is that now you have overstayed and already plan on marrying then the best option is to marry and file your papers. Advance parole is only for emergency situations so you might not get it if you have already overstayed by 6 months.

Also I highly doubt you would get a k visa as you have had a long overstay.

Secondly if you did get a k1 visa then you would have to stay in the USA until you receive your greencard.

It's hard to get past an overstay as it shows you don't really follow the laws.

Best option is to file and stay until you have AOS then you will be able to travel. Will take about a year.

Advance Parole is for travelling to do vacationing or visiting family.

Emergency Advance Parole is for Emergencies such as family member dying.

[Pitaya 2,577]

~two same-themed threads merged, title edited~

~please refrain from multiple posting of same topic~

OP: It enables other forum members to give prompt and accurate responses tailored to your specific situation.

What type of visa are you attempting to adjust from?

Pitaya

VJ Moderation

[kicho761 0]

Thank you so much for your answers, just to be clear I came on a tourist B1/B2 visa and my question is pretty much if I could use Advance Parole on my AOS.

~two same-themed threads merged, title edited~

~please refrain from multiple posting of same topic~

OP: It enables other forum members to give prompt and accurate responses tailored to your specific situation.

What type of visa are you attempting to adjust from?

Pitaya

VJ Moderation

thank you for moving my post.. I wasn't sure about the topic... And It is a tourist visa B1/B2 visa BCC.

Your visa expired the moment you passed through CBP controls at the airport, since it's a single-use visa and you used it.

Per Matter of Arrabally, the overstay bars do not apply to someone with a pending I-485 and has who also been granted Advance Parole, so there is minimal risk to you in using it for foreign travel.

You should file for AoS as soon as is practicable.

I came on a Tourist visa..so it is not a single use visa..I mentioned the K 1 because in case I cant use the Advance Parole I would just leave and start with the k-1, but if even with the k-1, hypothetically talking, if after my entry, would be able to use the Advance Parole?

Advance Parole is for travelling to do vacationing or visiting family.

Emergency Advance Parole is for Emergencies such as family member dying.

yeah I hear about the difference, but should I be able still to get and use them without any problem?

[Transborderwife 4,666]

Thank you so much for your answers, just to be clear I came on a tourist B1/B2 visa and my question is pretty much if I could use Advance Parole on my AOS.

thank you for moving my post.. I wasn't sure about the topic... And It is a tourist visa B1/B2 visa BCC.

I came on a Tourist visa..so it is not a single use visa..I mentioned the K 1 because in case I cant use the Advance Parole I would just leave and start with the k-1, but if even with the k-1, hypothetically talking, if after my entry, would be able to use the Advance Parole?

yeah I hear about the difference, but should I be able still to get and use them without any problem?

Correct

[phd1974 17]

If you overstayed and you try to apply for Advance Parole, I doubt it would be granted because you would not have any pending AOS or anything ... just an overstay for a tourist visa. If you leave anyway, without AP, then I'm not sure how hard they will come down on you if you apply for a K-1 and they see this overstay.

[newacct 688]

If you overstayed and you try to apply for Advance Parole, I doubt it would be granted because you would not have any pending AOS or anything ... just an overstay for a tourist visa. If you leave anyway, without AP, then I'm not sure how hard they will come down on you if you apply for a K-1 and they see this overstay.

Advance Parole is pretty much always automatically granted for AOS applicants.

Edited March 24, 2016 by newacct

[phd1974 17]

He has not filed AOS.

Edited March 24, 2016 by phd1974

[Transborderwife 4,666]

It may be granted, but trying to re-enter the US??? ummm

Look up Matter of Arabally

[newacct 688]

He has not filed AOS.

Obviously he is talking about applying for Advance Parole with AOS. How else would he apply for Advance Parole?