return to my country

[Felicity waves 0]

I come to the USA on october 2008 as fiancee and I got married before the 90 days. My question is that I never applied for the adjust status. I was filling all the papers and etc but I was never sending nothing to USCIS and of course I regret it now I got pregnat and I was focusing on it . Actually I had an emergency and I need to go back to my country (am peruvian) I would like to know what kind of new transit pass I need to do if I decide to go back to my country and im planning to stay longer in peru and my husband is in agreement about it, cause he will stay with me in Peru, but we want to apply this time for sure for my us residency when I am in my country Peru

I would appreciate for you guys to give me advicers

[mozplay 29]

Somebody will probably move this to the AOS forum, but here are two threads you should read ... also, you will need to apply for Advanced Parole in order to be allowed back in to the country while waiting for AOS to be approved.

http://www.visajourney.com/forums/index.ph...hen+to+file+aos

http://www.visajourney.com/forums/index.ph...hen+to+file+aos

Good luck!

[David & Hristina 2]

Be sure to get the AOS files and AP (Advance Parole) approved before you leave the country...

Not doing this COULD cause you and your Husband to start all over again with a K-3 or CR-1/IR-1 (I'm sorry, I'm not an expert on the differences of a K-3/CR-1/IR-1. You will need to investigate this yourself.)

Good Luck and Godspeed!

[Kathryn41 3,205]

moving to the AOS forum.

Actually, you can't leave the country and return until after you get your green card. You have to file for AOS, but it would be pointless to file for Advance Parole because it would do you no good. Once your I-94 expired you started to collect out of status days. More than 180 out of status days (6 months) and you would be barred from returning to the US for 3 years. If you have more than 1 year of out of status days, you would be barred from returning to the US for 10 years. While both of those barrs 'may' be waiverable, your husband would have to prove extreme hardship and it would take a lot of time and money. As well, since you hadn't applied for AOS, if you leave you and your husband would have to start the whole immigration process all over again from the very beginning, this time with a spousal visa - and then have to deal with the waiver after the spousal visa was denied - which it would be before you would be allowed back in the US.

I hope your emergency is one that can wait for a few months. File the AOS as soon as you can because until you get the green card and your out of status days are forgiven, you cannot safely leave and return to the US. I'm sorry, I know this is not what you wanted to hear .

Edited August 4, 2009 by Kathryn41

[Gary and Alla 3,696]

moving to the AOS forum.

Actually, you can't leave the country and return until after you get your green card. You have to file for AOS, but it would be pointless to file for Advance Parole because it would do you no good. Once your I-94 expired you started to collect out of status days. More than 180 out of status days (6 months) and you would be barred from returning to the US for 3 years. If you have more than 1 year of out of status days, you would be barred from returning to the US for 10 years. While both of those barrs 'may' be waiverable, your husband would have to prove extreme hardship and it would take a lot of time and money. As well, since you hadn't applied for AOS, if you leave you and your husband would have to start the whole immigration process all over again from the very beginning, this time with a spousal visa - and then have to deal with the waiver after the spousal visa was denied - which it would be before you would be allowed back in the US.

I hope your emergency is one that can wait for a few months. File the AOS as soon as you can because until you get the green card and your out of status days are forgiven, you cannot safely leave and return to the US. I'm sorry, I know this is not what you wanted to hear .

Good reason to make AOS a priority

[Felicity waves 0]

thanks !

Be sure to get the AOS files and AP (Advance Parole) approved before you leave the country...

Not doing this COULD cause you and your Husband to start all over again with a K-3 or CR-1/IR-1 (I'm sorry, I'm not an expert on the differences of a K-3/CR-1/IR-1. You will need to investigate this yourself.)

Good Luck and Godspeed!