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AP questions. Please Help ASAP

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Filed: K-1 Visa Country: Argentina
Timeline

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.


*** Met in 2002 sometime online Yahoo messenger

*** Continued with scarce letters but many online conversations from 2002-2006

***June 2006: Went to meet mi amor in Buenos Aires and confirmed we wanted to marry (Stayed for a month)

***Nov 2006: Engagement formally announced

***March 2007: Returned to Argentina to visit for a week

***05-18-2007 I-129f Sent to NSC

***06-07-2007 NOA1 Transferred to CSC (Website)

***06-17-2006 NOA1 (Hardcopy)

***07-07-2007 Touched (Wasn't watching for prior touches...and maybe this one due to my phone call)

***Waiting...waiting...waiting

***08-03-2007 Touched (PhoneCall)

***08-06-2007 Touched

***08-23-2007 Touched

***09-13-2007 Touched (PhoneCall)

***09-14-2007 Touched

***10-08-2007 NOA2 APPROVED

***10-09-2007 Touched

***10-10-2007 Touched NICE!!!! :)

***11-07-2007 Left NVC

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You have the AP in hand, therefore there will not be any issues with travelling at this stage.

Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

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Filed: Citizen (apr) Country: Canada
Timeline

She should be fine. If she had accumulated 180 days out of status yes, she would have a problem and incur a 3 year ban upon re-entry. Since she was only 30 days there shouldn't be a problem. They may ask why she didn't file right away but that is the most I can think would happen.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

First of all, the K1 visa becomes invalid once the foreign fiancé enters the US - it's expiration date means you have 6 months to enter the US. It is the I-94's expiration date that becomes very important. You must marry before that (the I-94) expires (hopefully you did). If you file for AOS within the I-94's expiration date, your status is protected - outside that date puts you in Out of Status.

At any rate - you've filed your AOS which puts you in Pending Status and the AP will allow your wife to reenter the US. There should be no issues - she should (of course) take both copies of the AP, her passport and, if name changed, copy of your marriage certificate. (Some may advise, and it can't hurt, to take a copy of the AOS NOA1.)

:thumbs:

P.S.

:time:

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Filed: K-1 Visa Country: Argentina
Timeline
Hello all,

My wife has her advanced parole and is about to travel to argentina on Friday. We married on the K-1 visa before her visa expired. However, we didn't file for the AOS until about a month after her visa WOULD have expired. Is there a problem with her being out of status for a month between when we married and when we filed the AOS?

Has anyone had any problems with an AP and not getting back into the USA? Last thing we want is to abandon our application.

First of all, the K1 visa becomes invalid once the foreign fiancé enters the US - it's expiration date means you have 6 months to enter the US. It is the I-94's expiration date that becomes very important. You must marry before that (the I-94) expires (hopefully you did). If you file for AOS within the I-94's expiration date, your status is protected - outside that date puts you in Out of Status.

At any rate - you've filed your AOS which puts you in Pending Status and the AP will allow your wife to reenter the US. There should be no issues - she should (of course) take both copies of the AP, her passport and, if name changed, copy of your marriage certificate. (Some may advise, and it can't hurt, to take a copy of the AOS NOA1.)

:thumbs:

P.S.

:time:

Her I-94 expired on August 3rd. We married July 28. We filed for the AOS on August 28. There won't be a problem with being out of status for that month correct?

Thank you so much.


*** Met in 2002 sometime online Yahoo messenger

*** Continued with scarce letters but many online conversations from 2002-2006

***June 2006: Went to meet mi amor in Buenos Aires and confirmed we wanted to marry (Stayed for a month)

***Nov 2006: Engagement formally announced

***March 2007: Returned to Argentina to visit for a week

***05-18-2007 I-129f Sent to NSC

***06-07-2007 NOA1 Transferred to CSC (Website)

***06-17-2006 NOA1 (Hardcopy)

***07-07-2007 Touched (Wasn't watching for prior touches...and maybe this one due to my phone call)

***Waiting...waiting...waiting

***08-03-2007 Touched (PhoneCall)

***08-06-2007 Touched

***08-23-2007 Touched

***09-13-2007 Touched (PhoneCall)

***09-14-2007 Touched

***10-08-2007 NOA2 APPROVED

***10-09-2007 Touched

***10-10-2007 Touched NICE!!!! :)

***11-07-2007 Left NVC

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Filed: Citizen (apr) Country: Canada
Timeline

No, she should have no problems.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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