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AP travel - overstayed, AOS in progress - any issues?

By yeahbuddy in Adjustment of Status from Work, Student, & Tourist Visas

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yeahbuddy Apprentice

yeahbuddy   20

Posted
Filed: Country: United Kingdom
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Posted

Hi all,

 

Please send me in the right direction if this has been answered recently - I did have a quick search of the forums.

 

I came here on the VWP to visit my fiance but we ended up getting married and deciding to apply for the AOS. We are just about to send off all of the forms, and as of right now I have overstayed for about 50 days. I'll be including the form to apply for the AP document and just had a couple of questions

 

- assuming I get AP, if I travel home to the UK while waiting for my green card, is my overstay likely to cause any issues coming back into the US?

- would I be returning as a visitor again? and if so, would I need to apply for a new ESTA if this travel occurs after my previous 2yr approval expires? Would my overstay cause issues with this?

 

I know we're looking at potentially a lengthy wait for my green card but I am desperate to go home to see family, pick up some more clothing etc. Initially I thought AP would let me do this but now I'm starting to worry it could cause issues.

 

Thanks in advance for any help.

 

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ColoradoBeauty Collaborator

ColoradoBeauty   79

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
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Posted

https://www.avvo.com/legal-answers/can-i-travel-with-ap-if-i-overstayed-my-visa--1827133.html

https://www.murthy.com/2013/06/03/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence/

Spoiler

Aug 2011 - Arrived on F1 visa

09/06/2015 Started exchanging messages

10/13/2015 We met in person

07/01/2017 We got engaged!

10/31/2017 We got married!

11/08/2017 AOS Package (I-130, I-485, I-765, I-131) sent via USPS - Chicago Lockbox

                      (Priority Mail - USPS autocorrected zipcode to 60680-4187)

11/12/2017 Package delivered (Delayed due to USPS mistakenly took it to 60624 and Veteran's Day) 

11/13/2017 Received Date (Priority Date)

11/21/2017 Received 4 e-mails & 4 text notifications (01:30 AM EST); checks cashed

11/28/2017 Received 4 NOA1 hard copies

12/09/2017 Received Biometrics Appointment Letter (for i-485 and i-765)

12/21/2017 Biometrics Appointment

01/08/2018 **I-765 and I-131 Approved** (61 days)

01/16/2018 %%Received combo card%% (tracking shows USCIS sent it on Jan 11 from MO, then Jan 15 USPS closed for MLK day) 

01/20/2018 Received approval letters for EAD and AP

09/20/2018 Received text 'Interview was scheduled' and interview notice will be mailed

09/27/2018 Received Interview notice by mail

10/25/2018 Interview day

10/26/2018 I-485 case status updated to "We ordered your new card"

10/29/2018 Case Status updated to "We approved your Form I-485"

10/31/2018 Case Status updated to "We mailed your new card"

11/01/2018 My card was picked up by the USPS with tracking number assigned

11/05/2018 Green Card Received 

 

Side note: I turned my maiden name into second middle name. In the combo card, my given name is First Firstmiddleinitial, however on the back of the card, they attempted to list my second middle name. 

 

My application package:

Interview Experience:

 

 

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