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TetleyTea

Using AP with 5 year overstay from VWP?

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Hi - long term lurker, first time poster. There's a lot of information on here about AP and overstays, but I can't find a topic that deals with my situation in particular.

I entered the US on the VWP several years ago. I met my now husband and we got married last year, and filed all of our AOS paperwork in September. I am planning on traveling to the UK on Friday using AP, to be there when a relative gets out of heart surgery. I know there are risks involved since I have an overstay, but that it's generally considered a little safer since the Arabelly decision.

Most of the stories and reports I've read about using AP with an overstay, were from people who overstayed a visa (work, tourist, etc.). The Visa Waiver isn't a tourist visa -- it's a waiver. So my question is, is it even more risky for me to be let back in after overstaying the VWP? Has anyone done this -- particularly if they went to the U.K. -- and can tell me their positive/negative experience?

Thanks everyone!

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No. Arrabally is the deciding factor here.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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