Travel to the Philippines with AP, after overstaying a k1 visa, while AOS pending?

[M&JB 80]

Hi. I know there might be topic/s related to this on the forums but I wanted to see if there is anyone who personally went through the exact same or at least a little same thing I am gonna do.

 

I came to the US in Sept 2013 with a K1 visa, got married within 90 days, and only applied for AOS last July. Today ( finally ), I got a letter saying my AP was approved.

 

My sister is getting married on April and I would really wanna be there. Can I travel to PH at least less than a month ( 3 weeks, maybe? ) for her wedding? Or I’m gonna have a problem getting back here since I overstayed my k1 visa?

 

I would like to hear from someone who had the same experience or people who have certain ideas about this. Thank you.

Edited December 3, 2017 by Ehri&Mark

[Cyberfx1024 7,980]

11 minutes ago, Ehri&Mark said:

Hi. I know there might be topic/s related to this on the forums but I wanted to see if there is anyone who personally went through the exact same or at least a little same thing I am gonna do.

 

I came to the US in Sept 2013 with a K1 visa, got married within 90 days, and only applied for AOS last July. Today ( finally ), I got a letter saying my AP was approved.

 

My sister is getting married on April and I would really wanna be there. Can I travel to PH at least less than a month ( 3 weeks, maybe? ) for her wedding? Or I’m gonna have a problem getting back here since I overstayed my k1 visa?

 

I would like to hear from someone who had the same experience or people who have certain ideas about this. Thank you.

Hindi po you will not have a problem at all on this end. You came on a valid vise and got married on that K1 visa. You eventually filed for AOS so there is no problem. My asawa and I did not file AOS until after 2 months of the 90 day window. We had no problems going back to pinas at all and going back to the USA went fine for my asawa. I stayed 10 days and she stayed 1 month in the Philippines with no issue coming back. 

 

Just make sure you carry your marriage certificate with you and PRESENT it to immigration when you first arrive. That way they note that you are married na. Also make sure you book your tickets in the name that is on your passport 

[M&JB 80]

1 minute ago, cyberfx1024 said:

Hindi po you will not have a problem at all on this end. You came on a valid vise and got married on that K1 visa. You eventually filed for AOS so there is no problem. My asawa and I did not file AOS until after 2 months of the 90 day window. We had no problems going back to pinas at all and going back to the USA went fine for my asawa. I stayed 10 days and she stayed 1 month in the Philippines with no issue coming back. 

 

Just make sure you carry your marriage certificate with you and PRESENT it to immigration when you first arrive. That way they note that you are married na. Also make sure you book your tickets in the name that is on your passport 

That is so great to hear! May I ask when did you guys do this? 

 

Although, if I am right, so you guys filed 5 months after she came here with the k1 visa. If I am not mistaken, overstaying is only considered an overstay and will be ban if it is more than 180 days? You guys didn’t reach to 180 days. You think I won’t have any problems since I’ve been here for 4 years before filing AOS?

 

Thanks po!

[Cyberfx1024 7,980]

7 minutes ago, Ehri&Mark said:

That is so great to hear! May I ask when did you guys do this? 

 

Although, if I am right, so you guys filed 5 months after she came here with the k1 visa. If I am not mistaken, overstaying is only considered an overstay and will be ban if it is more than 180 days? You guys didn’t reach to 180 days. You think I won’t have any problems since I’ve been here for 4 years before filing AOS?

 

Thanks po!

An overstay is an overstay regardless of the time. After the 180 day mark is when a ban is imposed on a individual. 

 

But with that being said, you overstaying no matter how long it has been is forgiven when you filed for AOS. So as long as you are doing AOS with the person that petitioned you for the K1 you are fine. 

 

There have been many cases on here where people were approved for AOS even after waiting years to do it. So no need to worry.

 

You will have no issue at all on this side of the ocean as long as you take the AP, marriage certificate, and your passport. 

 

Let me reiterate to you show Philippines immigration your marriage certificate when you get to Manila.  that way they could annotate that and put it in the system so there is no issue when you were getting ready to fly out.

 

We had a situation  on a few months ago where a woman did not submit her marriage certificate on Entry to Manila and when flying back out did not submit it again as well and she was not allowed to fly back to the USA. She just took what was said as at face value and was denied to fly back to the USA. She and her husband kept saying that her certificate was never asked for so they never supplied it. So show it regardless of them asking for it.

Edited December 3, 2017 by cyberfx1024

[M&JB 80]

4 minutes ago, cyberfx1024 said:

An overstay is an overstay regardless of the time. After the 180 day mark is when a ban is imposed on a individual. 

 

But with that being said, you overstaying no matter how long it has been is forgiven when you filed for AOS. So as long as you are doing AOS with the person that petitioned you for the K1 you are fine. 

 

There have been many cases on here where people were approved for AOS even after waiting years to do it. So no need to worry.

 

You will have no issue at all on this side of the ocean as long as you take the AP, marriage certificate, and your passport. 

 

Let me reiterate to you show Philippines immigration your marriage certificate when you get to Manila.  that way they could annotate that and put it in the system so there is no issue when you were getting ready to fly out.

 

We had a situation  on a few months ago where a woman did not submit her marriage certificate on Entry to Manila and when flying back out did not submit it again as well and she was not allowed to fly back to the USA. She just took what was said as at face value and was denied to fly back to the USA. She and her husband kept saying that her certificate was never asked for so they never supplied it. So show it regardless of them asking for it.

Thank you so much! I will make sure to bring all the necessary documents and even the ones they might need. 

 

I can finally tell my sister that I will be there on her wedding day! That feels so good. 

 

Thanks again, I really appreciate it! 

[Cyberfx1024 7,980]

3 minutes ago, Ehri&Mark said:

Thank you so much! I will make sure to bring all the necessary documents and even the ones they might need. 

 

I can finally tell my sister that I will be there on her wedding day! That feels so good. 

 

Thanks again, I really appreciate it! 

Not a problem and glad I could help. That's what we did when went back was to bring all the documents just in case. 

 

Where in the Philippines are you from? My asawa is from Davao. 

[Ontarkie 14,229]

~~Moved to Working & Traveling, from AOS Progress Reports.~~

[M&JB 80]

26 minutes ago, cyberfx1024 said:

Not a problem and glad I could help. That's what we did when went back was to bring all the documents just in case. 

 

Where in the Philippines are you from? My asawa is from Davao. 

I was from Bataan, it’s in Central Luzon. Never been to Davao, I heard it’s nice. 

[Hypnos 6,576]

Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone with a pending I-485 and a valid grant of Advance Parole. 

 

They used to, but don't anymore. 

Edited December 3, 2017 by Hypnos

[TNJ17 1,329]

I don’t man to offend anyone on here, I am mainly curious as to why so many people don’t do AOS right away after the wedding? I mean, you’d want to be able to work ASAP and get all your documentation and travel freely, why would people wait weeks, months, or even years to do it? I don’t understand that and I’m actually asking out of curiosity and gathering of information. 

[geowrian 22,337]

13 minutes ago, TNJ17 said:

I don’t man to offend anyone on here, I am mainly curious as to why so many people don’t do AOS right away after the wedding? I mean, you’d want to be able to work ASAP and get all your documentation and travel freely, why would people wait weeks, months, or even years to do it? I don’t understand that and I’m actually asking out of curiosity and gathering of information. 

In many (certainly not all!) cases, it's either the filing fee or the I-864 requirements that are or become an issue after arrival in the US. It's a bit of a self-fulfilling prophecy on the fee part since the sooner you file, the sooner you can work, but that's what I've seen many times.

[N-o-l-a 7,167]

10 minutes ago, geowrian said:

In many (certainly not all!) cases, it's either the filing fee or the I-864 requirements that are or become an issue after arrival in the US. It's a bit of a self-fulfilling prophecy on the fee part since the sooner you file, the sooner you can work, but that's what I've seen many times.

 

This.  It is generally lack of financial foresight into the multitude of expenses that come as part of immigration.

 

It is one of the reasons to recommend a CR1 visa instead.  The government should really require a bank guarantee of funds for payment of AOS fees for K1 visa holders.  Alas, it doesn't.

[TNJ17 1,329]

Well, we do start the process, regardless of which process you choose, knowing that there will be great expenses and you do have a good chunk of time to save up and prepare for all that. I honestly don’t think that’s an acceptable excuse. Also, the financial troubles would all go away the sooner AOS is filed and processed. Then the immigrant can start working. 

[M&JB 80]

13 hours ago, TNJ17 said:

I don’t man to offend anyone on here, I am mainly curious as to why so many people don’t do AOS right away after the wedding? I mean, you’d want to be able to work ASAP and get all your documentation and travel freely, why would people wait weeks, months, or even years to do it? I don’t understand that and I’m actually asking out of curiosity and gathering of information. 

My husband got hurt in his job right when he got back to work after our wedding and now disabled. I don’t think I need to explain everything to you, but there ‘ya go.

[Gaillong 0]

Hello po. I was looking for posts about traveling back to Philippines and I saw yours. I got my green card and planning to visit my family in PH. Ask ko po sana if I have to change my name in my passport before traveling, since maiden name ko yung nasa passport. I hope anyone who see this can help me ☺️ Thank you!