I-131 HELP!

[KG0411 0]

So I entered the states in June and unexpectedly got married in July. I've been here ever since and am now applying for AOS. I am concerned about filing the I-131 form for the following reasons:

-When I entered in June, I was not given an I-94 Form stating when I was supposed to leave. I showed the border my return ticket dated October 17, 2010.

-I understand that you can be banned for 3-10 years for trying to re-enter the states if I've accrued 180 continuous days of unlawful presence within the states.

-I plan to travel to the Philippines from March 18 - April 12, 2011.

So, can I apply for the AP? Or will I not be allowed reentry? I was told that I am legally allowed to be here for 6 months (roughly 180 days) and any days after that are considered unlawful presence. From October 17, 2010 up until I leave on March 18, 2011 would have been 5 months. Is that how it is calculated, or does the unlawful presence count start 6 months starting from when I first entered in June, which will have ended in December? My unlawful presence would then only have been for 3 continuous months ( I leave March).

Hope I clearly explained, I'm soooo confused about all this , PLEASE HELP!!

[KG0411 0]

Anyone?? Please, I want to get this taken care of asap cuz I need to book my ticket! Thanks to anyone who can help!!

[HeatDeath 430]

The answer to your question depends on which country you are from, and under what status you entered the US. Your location in your account says Canada, so I'll assume you are from Canada, and that you entered as a Canadian tourist. If these are not the case, then what I say may be totally wrong for you.

Canadian tourists, unless specifically told otherwise by the CBP officer at the border, are allowed to stay in the US for 180 days. You do not accumulate any out of status days until after the first 180. So if you do nothing regarding your immigration status, you will start accumulating out of status days in December, as you say.

Canadian tourists are not normally given an I-94, so don't worry about that part. When you file AOS [as I infer from your question you haven't], you just mention on a signed letter that your entered as a Canadian tourist on such-and-such a date, and therefore do not have an I-94. [You should also specifically state somewhere in your AOS application, probably in the cover letter, that you had no intent to marry when you entered the US, and include a copy of your return ticket as documentation of that fact.]

You will begin to accrue out-of-status days starting 180 days after entry, and will continue to accrue them until the "Date received" date on your AOS NOA1. Once you file for AOS your status changes from "Canadian Tourist" to "AOS applicant", and you can then stay until your AOS is adjudicated, one way or another. If you file for AOS before the end of the 180 days allowed you as a Canadian tourist, you will not accrue any out-of-status days. THIS IS WHAT YOU SHOULD DO!

You can certainly apply for an AP document. Now that you are married, as I said above, you should file for AOS, and an EAD, and an AP document, as soon as humanly possible, WELL before your 180 days of Canadian tourist status are up. If you do that, your trip to the Philippines should cause no problems. You may very well even have your Green Card by then.

By the way, under no circumstances should you leave the US without either an AP document or a Green Card in your hand. But I think you already knew that.

Edited October 19, 2010 by HeatDeath

[KG0411 0]

Thank you so much!!!! Just one more thing, I still have the intinerary for my return flight but I cancelled it on October 15,2010 so that I could still get the refund in time (actually it's just credit I can use for a later flight) so do I still send a copy of the ticket just to prove I did have it? I have my AOS package pretty much completed and was just waiting to figure out what to do with the I-131 before filing. You mentioned to send a signed paper stating that I entered as a Canadian tourist. Does that have to be a separate sheet or can I include that information in the cover letter as well?

I greatly appreciate your help! =D

[HeatDeath 430]

Yes, I would send in the copy of the ticket, even though it's been canceled, to show that you did have it when you crossed the border. The copy of the ticket, and a brief note explaining it's significance, should probably be separate from the cover letter, but the cover letter should list it as an item included in the packet.

As for the note of explanation about your I-94, the I-94 is requested by each of the AOS, EAD, and AP applications, so I would put it as a separate note and include 3 copies. The three separate forms, with their associated documentation and evidence, get split up once USCIS get them, so each form that requires a copy of the I-94 should have a copy of the note explaining why you don't have one. List these copies in the full list of items in the cover letter as well.

[KG0411 0]

Thank you so much for your help! All I have to do is add those things your mentioned and reprint my cover letter lol and I hope I'm good! Thanks again for your time and clearly explaining everything!! =D