I-131, AOS and expired I-94

[Adam D 32]

Hi,

 

Reading a couple of other discussions, but quite old ones, I just wanted to check something:

 

I arrived on K1, January 17, got married on Feb 18. We took our time getting the AOS application together as my husband hadn't been filing tax returns (he kept filing extensions) and took a while to get all that sorted. As a result, I didn't file for AOS until late May, but my I-94 expired on 16th April.

 

Does this period (16th April to 24th May) count as 'overstay'? If so, would I be at risk of refused re-entry on an I-131 (in November) if my AOS is still pending? I expect I would have EAD by then, would that change anything?

 

I just want to check because I will soon be applying for I-131. I didn't do it at the time I applied for AOS and EAD as I had misunderstood and thought you could only apply if you knew when you were travelling. In any event, that would have been after my I-94 expired anyway as mentioned above. So, is there more risk of my being denied entry on my return because I didn't apply for my AOS until approx 45 days after my I-94 expired?

 

Yours in sudden panic!

 

Adam

[KULtoATL 1,551]

Yes, it was an overstay for April 16 to May 24. However, you've filed for AOS and pending approval so you're all good there. However, if you are traveling overseas, you'll need to apply for and get an approved AP before leaving the US soil. The overstay period does not dictate your re-entry but you'll certainly need the AP to re-enter. 

[KULtoATL 1,551]

And btw, when you're traveling, carry your AOS NOA1 + marriage certificate on top of the AP to be on the safer side.

 

FYI, you can file the AP with the fee waived by providing the AOS NOA1.

Edited July 15, 2017 by KULtoATL

[Adam D 32]

1 minute ago, KULtoATL said:

Yes, it was an overstay for April 16 to May 24. However, you've filed for AOS and pending approval so you're all good there. However, if you are traveling overseas, you'll need to apply for and get an approved AP before leaving the US soil. The overstay period does not dictate your re-entry but you'll certainly need the AP to re-enter. 

Thank you! That puts my mind at ease somewhat. I will apply for AP ASAP :-)

[KULtoATL 1,551]

6 minutes ago, Adam D said:

Thank you! That puts my mind at ease somewhat. I will apply for AP ASAP :-)

Hey @Adam D I need to correct myself. That April to May period wasn't an overstay. Rather, you're just out of status till you filed for the AOS. So sorry about that 

[Adam D 32]

1 minute ago, KULtoATL said:

Hey @Adam D I need to correct myself. That April to May period wasn't an overstay. Rather, you're just out of status till you filed for the AOS. So sorry about that 

That's an even bigger relief!

 

thanks :-)

[KULtoATL 1,551]

No worries. Draw up the AP paperwork a.s.a.p because you don't get one immediately. It requires some waiting

[Adam D 32]

1 minute ago, KULtoATL said:

No worries. Draw up the AP paperwork a.s.a.p because you don't get one immediately. It requires some waiting

Thanks. I will do. And thanks for the advice about what to carry as well. 

[immoo2001 4]

How long it will take to get Travel Documents? I mean to say estimated time?

 

Thanks in advance!

[Adam D 32]

4 hours ago, immoo2001 said:

How long it will take to get Travel Documents? I mean to say estimated time?

 

Thanks in advance!

I think the estimated time is about 90 days? Most people seem to be suggesting you will get it with your EAD if you apply at the same time. I didn't, so I'm hoping it's no longer than 90 days, as I am travelling in November.

[immoo2001 4]

Thank you

We filed following forms along with appropriate fees for my Mom in end of June 2017;

 

1 - Form I-360 (Widow of US Citizen), we received receipt from USCIS for payment only.

     Any idea how long it will take?

 

2 - Form I-485 (Adjust status), we received receipt from USCIS for payment only.

     Any idea how long it will take?

 

3 - Form I-131 (Travel Document), we received receipt from USCIS for payment only.

     Any idea how long it will take?

 

4 - From I-765 (Employment Authorization), we received receipt from USCIS for payment only.

     Any idea how long it will take?

 

5 - Form I-325a (Biographic Information), we received receipt from USICS for payment, Appointment Letter and Figure Print done two week back.

 

Visit visa B1/B2 authorized extended (1 year year) stay would we expire in first week of August 2017.

 

Please advice above by line, thanks in advance!!!