Clarify a debate

[beppo 8]

Just trying to get a straight answer on a debate on an other forum.

I came over on an approved K1, married within 90 days but only now AOS 2 years later since we married,I'm I classed as here illegaly, on an overstay or out of status?

For financial reasons we didn't get round to AOS after we married. We were going to send all the paper work about 2-3 months ago but was advised by some VJ member to hold of untill we were 2 years married then file the I-485 and I-130 (to get the 10 years green card)

I have also just been told today by a VJ member not to send in the 1-130 travel document as I can't travel until my green card is approved. Is this correct?

Thanks

[milimelo 4,479]

Just trying to get a straight answer on a debate on an other forum.

I came over on an approved K1, married within 90 days but only now AOS 2 years later since we married,I'm I classed as here illegaly, on an overstay or out of status?

For financial reasons we didn't get round to AOS after we married. We were going to send all the paper work about 2-3 months ago but was advised by some VJ member to hold of untill we were 2 years married then file the I-485 and I-130 (to get the 10 years green card)

I have also just been told today by a VJ member not to send in the 1-130 travel document as I can't travel until my green card is approved. Is this correct?

Thanks

Yes, all correct.

Moving this to AOS forum.

[belinda63 3,038]

You can be placed in deportation proceedings based upon the fact that you are out of status. The current memos state that you would not be deported but allowed to proceed with the AOS filing. But it would be a big hassle to have to go through the process of Court, etc.

You will need to file for AOS along with the I-130. Since you have been in the US out of status for more than 180 days you will incur a bar if you leave prior to obtaining your green card, the AP will not over-ride this bar. Therefore no point in filing for AP since you won't be able to use it.

[beppo 8]

You can be placed in deportation proceedings based upon the fact that you are out of status. The current memos state that you would not be deported but allowed to proceed with the AOS filing. But it would be a big hassle to have to go through the process of Court, etc.

You will need to file for AOS along with the I-130. Since you have been in the US out of status for more than 180 days you will incur a bar if you leave prior to obtaining your green card, the AP will not over-ride this bar. Therefore no point in filing for AP since you won't be able to use it.

I am filing the AOS along with the I-130. Were sending the documents of in a few days.

[Inky 1,110]

I am filing the AOS along with the I-130. Were sending the documents of in a few days.

Don't forget the new medical too

[bonnerbonner 6]

Do not waste your money & apply for travel documents. Adjustment of Status takes about 3 - 6 months. You have been here for 2 years, a few more months won't hurt. Yes, now that you are here, you will have no problems adjusting. You will be fine as long as you stay incognito. Now get the process going!!! Lol.

[beppo 8]

Do not waste your money & apply for travel documents. Adjustment of Status takes about 3 - 6 months. You have been here for 2 years, a few more months won't hurt. Yes, now that you are here, you will have no problems adjusting. You will be fine as long as you stay incognito. Now get the process going!!! Lol.

I didn't think there was any harm in appyling for the travel document as It's included in the price of the I-485. And yes I will be thankful the documents will be sent off in a few days.

[SophWeb 25]

I didn't think there was any harm in appyling for the travel document as It's included in the price of the I-485. And yes I will be thankful the documents will be sent off in a few days.

No. As previously stated, applying for the AP will be pointless - if you leave the US and attempt to come back using the AP you will incur the ban for your overstay. Even if it is approved, you will not be able to use it. The AP does not override the ban.

The only way you can return to the US after leaving is with your greencard.

[VanessaTony 3,567]

Do not waste your money & apply for travel documents. Adjustment of Status takes about 3 - 6 months. You have been here for 2 years, a few more months won't hurt. Yes, now that you are here, you will have no problems adjusting. You will be fine as long as you stay incognito. Now get the process going!!! Lol.

I didn't think there was any harm in appyling for the travel document as It's included in the price of the I-485. And yes I will be thankful the documents will be sent off in a few days.

You are correct. There is NO charge to apply for the AP document (I-131) if filed together with AOS, or while AOS is pending (same with EAD).

Unfortunately while you have complied with the requirements of the K1 visa to get married in the 90 days, and while there is no deadline for filing AOS, your status is still controlled by the I-94 and once you pass the date on the I-94 you are out-of-status (90 days from entry). Out-of-status and "overstay" are basically the same thing. You have overstayed your I-94 and are now out of status and accumulating days of overstay. You are not, however, illegal. You are simply out-of-status.

USCIS has screwed a few people over by approving the AP document because some people don't bother reading it and think "hey, they wouldn't have approved it if I couldn't use it" and then they're trapped outside the US and the argument "but they APPROVED it!" doesn't work because of that handy little line in the fine print. So, it's been more than a year since your I-94 expired and if you left before you have the GC (the overstay goes away when you have the GC approved) you would have a 10 year ban. You would have to file for a CR-1/IR-1 visa, and then a waiver for the overstay and it will take at least a year. So DEFINITELY don't waste your time with the AP document.

As for approval times for the GC, 3-6 months.

Edited March 6, 2011 by Vanessa&Tony

[amykathleen2005 441]

I didn't think there was any harm in appyling for the travel document as It's included in the price of the I-485. And yes I will be thankful the documents will be sent off in a few days.

You're welcome to apply but try using it with your ban and see how happy you are with the consequences.

You can't get back in with AP if you have a ban. You've waited this long to travel, a few months longer won't hurt.

[Barbara J 115]

You're welcome to apply but try using it with your ban and see how happy you are with the consequences.

You can't get back in with AP if you have a ban. You've waited this long to travel, a few months longer won't hurt.

I motion in agreement with all the above get the AOS moving lol

[JimVaPhuong 4,863]

USCIS would approve the AP unless the alien was inadmissible at the time the I-131 is submitted. The alien doesn't acquire the ban and become inadmissible until they leave the US.

USCIS is aware that an alien with too much accumulated unlawful presence is going to be banned if they leave the US, and that the AP document is not going to get them back into the US. There are extensive warnings on page 3 of the I-131 instructions about this. There is also a warning on the AP document itself.

[Brother Hesekiel 2,236]

Yes, You need to file the I-130 as you are now aiming for an unrestricted, 10-year Green Card. No, you don't file an I-131 as using it would be immigration suicide.

Don't mix up the numbers

[beppo 8]

The I-131 is now officially in the bin.

[Messybrownhair 251]

Best of luck to your application!!!