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My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

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14 minutes ago, Asha6222 said:

My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

How long is your B1/B2 tourist visa stay still good for or are you already overstaying? If you are overstaying and do leave the country then you count your tourist as toast. You gave your tourist visa up the day you overstayed. 

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19 minutes ago, Asha6222 said:

My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

Since you already showed immigration intent (even if you didn't end up staying), CBP will scrutinize you a lot more the next time you try to enter with a B1/B2 visa. You proved to them that you tried to adjust from a tourist visa before so they will think you might do that again. You will need looooots of ties to your home country if you want to enter on a tourist visa in the next couple years.

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Yeah, it's going to be really hard to use a tourist visa in the foreseeable future.

1) Immigrant intent was expressed by filing the AOS. This can be overcome with enough ties to return home, but it's unlikely to happen anytime soon since by filing AOS those strong ties that you had weren't enough last time...and making new strong ties takes time.

2) If you overstayed before you filed for AOS, there will be a strong concern that you will violate the terms of the visa again.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Asha6222 said:

I Am overstaying but I have many ties in my home country. My question is will my b1/b2 revoked? Or my visa are still valid ?? Can I re enter usa within few

months  to wind up my things here?

Your strong ties weren't enough to make you leave the US last time. Trying to prove they are strong enough the next time will be incredibly difficult.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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9 minutes ago, Asha6222 said:

I didn't overstay before filing for my aos. I had 2 months left before filing for aos

Then you're not overstaying yet...filing for AOS grants authorized stay while the case is pending.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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10 minutes ago, Asha6222 said:

So is my b2 visa still valid ??? And if i need to travel back to usa for few days will I be able to do so ??? 

The visa itself should still be valid....filing for AOS doesn't automatically cancel/revoke it.

 

Your ability to enter on it, however, is the issue. They will see your past AOS application at POE and very likely assume you intend to overstay or file for AOS again.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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You should probably take care of everything before you leave.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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How long ago did you file for AOS and AP? AP normally gets approved within 90 days of filing. Judging by "I had two months left when we filed" and all the talk of overstay, I'm assuming you have a month or less left to wait for your AP. It's a long time to stay somewhere you don't feel welcome but would hopefully give you enough time to tie up your loose ends just in case you get denied entry on your next visit. It would also allow you to return if the two of you reconciled without having to resubmit your AOS. If, on the other hand, things are really bad between the two of you, you should be aware that your spouse can contact USCIS and pull their affidavit of support which would make waiting for your AP pointless. 

 

I have two questions for the forum... If they were to leave with AP and attempt to return on AP without intending to AOS, is it still valid? And if they leave on AP, would they need to go to the US embassy in their country to turn it in and withdraw their AOS application? 


K-1 from Haiti - NOA1: 5/27/2014; NOA2: 7/8 USCIS never updated to say that it was sent to the NVC (just in case you're as concerned about your status not updating as I was about mine)
NVC Case Number Received: 7/31; Left NVC: 8/1 - tracked via DHL website; CEAC Status - Ready: 8/7; Packet 3 Received: 9/5 - Beneficiary received packet / Medical Completed: 9/19;
DS-160 Submitted: 9/22 - (CEAC date updated); Packet 3 Submitted: 9/26; Packet 4 Received: 10/24; Interview Date: 11/6 @ 7 am Interview Result: Approved!
CEAC Status Issued: 11/10; USTraveldocs.com finally acknowledged Fiance's passport actually in their system: 11/20; Passport Received: 11/21;

POE: 11/23/2014; Wedding: 2/14/2015

AOS/EAD/AP Filed: 2/21/2015;

USCIS EAD & AP received: 2/25; USCIS AOS received: 2/27; Received NOA1s in mail: 3/5; Biometrics: 3/26; EAD/AP Card in Production: 5/11; EAD/AP Card Mailed: 5/1; EAD/AP Card Received 5/19; NPIW Letter dated: 6/11/15; Green card Approved: 10/1/15;

Green card Received: 10/7/15

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It was filed in end of may!!! I am not sure but AP might be approved but it would be with my husband and I may not get it physically, however does it help if I leave the country if it is issued and I don't have it with me. I don't mind if my husband calls pull back the affidavit. Coz next time if I enter usa I would enter with visitor visa and not based on AP

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I don't have my uscis case status number, can I call uscis and provide my name, passport number and date of birth just to confirm status of my AP without letting my husband know about it. I don't want him to receive any acknowledgement email about me contacting uscis. I am least concerned about my Aos. I just want to make sure that I am not denied reentering usa.i am only waiting for AP.

Edited by Asha6222

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