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Advance Parole while AOS is in Pending + Accrued 2 weeks of overstay

By jdviz in Working & Traveling During US Immigration

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jdviz Newbie

jdviz   0

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Hey guys. I need help and clarification in regards if I should push through our planned travel to the Philippines this coming May/June. My wife arrived here with a K1 visa last October and we got married within the 90 day time frame (December). 2 weeks after her i-94 expired (around January), we filed her AOS along with EAD and AP. A few days after, we received the receipt and confirmation both through the mail and the website. My wife's biometrics appointment is on Wednesday already. 

 

I've done research and I'm seeing mixed thoughts regarding this subject. Although Matter of Arrabally and Yerrabelly states that an alien cannot become inadmissible if they are granted AP. Although I am worried that we may face problems on our way back due to the 2 weeks overstay. If you could share some ideas in regards to this I would really appreciate it.

Thanks

Crazy Cat Grand Master

Crazy Cat   42,215

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

If you filed AOS, she is in an "authorized stay" status.  If she has APPROVED AP, she can leave and reenter the US........So, if these 2 conditions have been met, she will be ok traveling:

 

1.  Has filed AOS.

2.  Has in her possession, an approved Advance Parole document.

 

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,215

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

and one more thing.....the 2 week overstay is irrelevant at this point.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

bad4tatt Enthusiast

bad4tatt   168

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted
36 minutes ago, missileman said:

If you filed AOS, she is in an "authorized stay" status.  If she has APPROVED AP, she can leave and reenter the US........So, if these 2 conditions have been met, she will be ok traveling:

 

1.  Has filed AOS.

2.  Has in her possession, an approved Advance Parole document.

 

Actually, in theory re-entry should be ok however, if you read anything regarding this on the USCIS site, they have it written out that AP does not guarantee re-entry into the US.

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
57 minutes ago, jdviz said:

Hey guys. I need help and clarification in regards if I should push through our planned travel to the Philippines this coming May/June. My wife arrived here with a K1 visa last October and we got married within the 90 day time frame (December). 2 weeks after her i-94 expired (around January), we filed her AOS along with EAD and AP. A few days after, we received the receipt and confirmation both through the mail and the website. My wife's biometrics appointment is on Wednesday already. 

 

I've done research and I'm seeing mixed thoughts regarding this subject. Although Matter of Arrabally and Yerrabelly states that an alien cannot become inadmissible if they are granted AP. Although I am worried that we may face problems on our way back due to the 2 weeks overstay. If you could share some ideas in regards to this I would really appreciate it.

Thanks

Please stop making mountains out of molehills. Since she came as a K1 visa holder, you two got married and then filed AOS then the overstay is forgiven. This happens a lot and there is no need to worry at all. My wife overstayed 2 months before I filed for AOS and there was no issue at all. Once you filed for AOS then the overstay is forgiven.

Crazy Cat Grand Master

Crazy Cat   42,215

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
49 minutes ago, bad4tatt said:

Actually, in theory re-entry should be ok however, if you read anything regarding this on the USCIS site, they have it written out that AP does not guarantee re-entry into the US.

Of couse entry to anyone other than a US citizen is never guatanteed........but the purpose of AP is exactly as the OP plans to use it.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

jdviz Newbie

jdviz   0

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  • Author
Posted

Hey everyone! Thanks for all the input. The VJ community has been keeping me sane throughout this tedious process. :D Just making sure because I've been seeing some confusing articles online, re-entry is never guaranteed but under Matter of Arrabally and Yerrabelly would my wife be allowed to reenter the country? Thanks again!

  • 1 month later...
KeratNY Enthusiast

KeratNY   76

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted
On 2/26/2018 at 11:13 AM, jdviz said:

Hey everyone! Thanks for all the input. The VJ community has been keeping me sane throughout this tedious process. :D Just making sure because I've been seeing some confusing articles online, re-entry is never guaranteed but under Matter of Arrabally and Yerrabelly would my wife be allowed to reenter the country? Thanks again!

Several people above just answered your question. Please update us, was she allowed to end with no problems?

 
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