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Avsiws

Travelling with AP- Question about 'Out of Status'

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Filed: K-1 Visa Country: Canada
Timeline

I've been in an AOS waiting vortex for awhile now, so I haven't been keeping up with my reading, so please excuse my familiarity- I'm just getting back into things now! 

I'm planning to go back to Canada for a visit, but I'm nervous about travelling with my AP/EAD card. So much so that I don't even want to travel anymore- I'm a very anxious person! I've read that people have often been asked if they've ever been out of status. I don't know how to answer this question- can someone clarify this for me?

 

Important dates:

Entered US: Nov 1 2016

Married: Dec 17 2016

Filed AOS: Apr 24 2017 (We had some issues, so it was delayed in mailing) with NOA1 May 2 2017

 

Technically, I was out of status from when my I-94 expired (Jan 29 2017) and when I filed AOS (Apr 24 2017)- correct?

But since I did file AOS, does this trump the out of status situation?

So, to answer the question "Have you ever been out of status?" Do I say yes or no? Is this a big deal?

 

Also, what kind of questions does one get asked at the border when returning?

 

 

 

Edited by Avsiws
oops!
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Filed: Citizen (apr) Country: Russia
Timeline

Since the AOS has been submitted, your out-of-status is forgiven, so if you are specifically asked this question upon returning I would answer accordingly, and explain that the 485 is in process.

 

Good Luck and Safe Travels!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

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I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

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I-751 Biometrics Appt.:  2017-01-26

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N400 Filed:  2018-01-13

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N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

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1 hour ago, Avsiws said:

I've been in an AOS waiting vortex for awhile now, so I haven't been keeping up with my reading, so please excuse my familiarity- I'm just getting back into things now! 

I'm planning to go back to Canada for a visit, but I'm nervous about travelling with my AP/EAD card. So much so that I don't even want to travel anymore- I'm a very anxious person! I've read that people have often been asked if they've ever been out of status. I don't know how to answer this question- can someone clarify this for me?

 

Important dates:

Entered US: Nov 1 2016

Married: Dec 17 2016

Filed AOS: Apr 24 2017 (We had some issues, so it was delayed in mailing) with NOA1 May 2 2017

 

Technically, I was out of status from when my I-94 expired (Jan 29 2017) and when I filed AOS (Apr 24 2017)- correct?

But since I did file AOS, does this trump the out of status situation?

So, to answer the question "Have you ever been out of status?" Do I say yes or no? Is this a big deal?

 

Also, what kind of questions does one get asked at the border when returning?

 

 

 

Yes, you filing for AOS upon getting married on the K1 visa is forgiven for the overstay. So there is no need to worry there. My wife was out of status for 2 months until we filed for AOS and there was no problems at all. 

You will be asked typically questions at the border so don't worry. You are good to go now and enjoy your trip.

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