I'm just full of questions today :-)

[Not Available 0]

Just out of curiousity, how many people out there applied for AP while being Out of Status and had no problems coming back? Due to financial stuff, i will be almost 3 weeks out of status when we finally get to file AOS and I want to file for AP. I am just curious as to how many other people have done this and have had no problems. I know the whole "you have been out of status since day 91 which means you have been illegally here since then," spiel, just curious.

[timinden 0]

I do not believe you are out of status after the 90 days for the K-1 visa. In the instructions for the K-1 visa it says file promptly after marriage, it does not say get married and file within 90 days. we got married gathered our documents as they came available sent in our AOS papers about 4 weeks after the visa expired. They cashed our checks and sent us NOAs, no problem.

[hcj 0]

I do not believe you are out of status after the 90 days for the K-1 visa. In the instructions for the K-1 visa it says file promptly after marriage, it does not say get married and file within 90 days. we got married gathered our documents as they came available sent in our AOS papers about 4 weeks after the visa expired. They cashed our checks and sent us NOAs, no problem.

How does acceptance of your AOS application signify that you were not out of status? No matter how long the overstay is, as long as the last entry was legal and you are married to a USC, generally you are eligible to adjust status. They would also accept an AOS application from someone who entered on a tourist visa, overstayed for ten years, and then married a USC and applied for AOS. They would also grant said person a green card if all goes well at the interview and they believe the couple has a true marital relationship. Just because overstay is generally forgiven, does not mean there is no overstay. Especially for the purposes of traveling abroad prior to successful adjustment.

[timinden 0]

So the answer to all of this is it does not matter if you are "out of status" so qeverbody should quit worrying about it.

[hcj 0]

So the answer to all of this is it does not matter if you are "out of status" so qeverbody should quit worrying about it.

But it does matter if you were to travel outside the US prior to GC approval. (180+ days of overstay = 3 year bar. 365+ days of overstay = 10 year bar) Hence Stina's question in the first place: Has anyone with less than 180 days traveled with AP and did they have any problems.

[Not Available 0]

Does this mean no one out there has?

Edited March 29, 2006 by Stina

[gimygirl 0]

Does this mean no one out there has?

well ask yourself if travel outside of the US is completely necessary before you receive your GC? do you guys have plans yet?

i would hate to see you guys go somewhere and then you can't come back in! all that hard work down the drain!!!!!!!!!!!!! (*whispers* but i don't think it would happen)

[Not Available 0]

Yeah I already do have plans there (*whispers* I dont think it would happen either.)

I would understand once you reach the 180+ part of it because even as a Canadian that is the maximum of how long they allow us to stay just to visit. I would imagine it would be the same with this. Plus, I got a PM from someone telling me they sent out their AOS a month out of status and went through AP with no problems.

Edited March 29, 2006 by Stina

[Autumnal 25]

I don't think there would likely be a problem in most cases, but the potential for a problem always exists. If your file is flagged and you in overstay, and the border/customs agent feels like making your life tough...

[Not Available 0]

I was wondering about that, is there something on the AP that states when you filed for your Green Card? What exactly is on the document?

[hcj 0]

I was wondering about that, is there something on the AP that states when you filed for your Green Card? What exactly is on the document?

I can't remember what the AP itself says, but I do know that they look you up in the computer before they let you enter and that will have all your relevant dates in it.