Step Daughter abandoned AOS application?

[Used to be broken 143]

I´m sorry to break the bad news to you, but if your husband and step daughter overstayed their VWP , which usually gives you 3 months permission to visit the US, then they have trigger a 3/10 years bar, depending on how long they overstayed.

Such bar to re-enter the US can be waived … buy it can be difficult to get it.

So I wish you the best and hope I´m wrong with this assumption. Maybe It would be good for you to give us some more details of your case, such as exact dates and timeline.

I am sorry to break the bad News to you Rick, but you FLUNK reading comprehension.

There is no mention of a VWP overstay in the OP post, in fact to the contrary it states they filed at 80 days.

Also, children under 18 do not incur any penalties for overstay, which is not in play here anyway.

[Used to be broken 143]

Have you read my posts?? My husband does have advanced parole! In hand! And yes I am aware there is a difference between accepted and approved what are you talking about? Are you aware that once an aos application has been submitted, your status changes from how you entered to pending and the clock stops? He did not overstay and his Advanced parole was approved and in hand thanks!

No, they have not read your posts. They never read they just rant.

This is just a WAG, but if your daughter returns with your husband, CBP might and probably will allow her back in because they do not want to deal with a child in removal, and since your hubby has the AP and it sounds like you applied for AP for both, if he explains this to them they might just buy that it was a USCIS oversite for the AP not to be granted to the child. In the meantime you might want to call USCIS and point out to them they "forgot" to send the AP document for the child and perhaps they will mail it to you.

[Justine+David 218]

I cannot believe your husband left the country with a potentially risky AOS application pending AND without his daughter's AP. I mean...seriously?!

When was your NOA1 dated? That is what we are talking about. Was it dated after the 90 days? If so, they are out of the 90 days, it has nothing to do with when you sent it or when they physically received it. They keep track starting with the NOA1 date.

Edited February 17, 2011 by Justine+David

[serendipity10 0]

Well men do what men do. That's what I always say when my husband makes a wrong move contrary to my "always right" advice

She may be happy but I think that a 7 year old doesnt really have the ability to know what is right for her. I can't imagine my parent emigrating and leaving me while he created a new family (Congrats on the pregnancy by the way)l Just bear in mind that what a 7 year old wants can be different from what a teenager processes as they grow older. Just my 5 cents.

Well thats a bit off topic and with all do respect, not your concern.

[serendipity10 0]

I cannot believe your husband left the country with a potentially risky AOS application pending AND without his daughter's AP. I mean...seriously?!

When was your NOA1 dated? That is what we are talking about. Was it dated after the 90 days? If so, they are out of the 90 days, it has nothing to do with when you sent it or when they physically received it. They keep track starting with the NOA1 date.

Wow, first of all his reasons for leaving or that fact that he did is not the topic at hand and none of your business. And seriously?! If you had actually read my posts you would see that I said we received NOA1 two weeks before the 90 days was up. And no Justine+David thats not what we are talking about at all but thanks for your useless post.

[serendipity10 0]

No, they have not read your posts. They never read they just rant.

This is just a WAG, but if your daughter returns with your husband, CBP might and probably will allow her back in because they do not want to deal with a child in removal, and since your hubby has the AP and it sounds like you applied for AP for both, if he explains this to them they might just buy that it was a USCIS oversite for the AP not to be granted to the child. In the meantime you might want to call USCIS and point out to them they "forgot" to send the AP document for the child and perhaps they will mail it to you.

Finally a voice of reason! Thank you friend. That is good advice and sensible.

[Used to be broken 143]

Finally a voice of reason! Thank you friend. That is good advice and sensible.

Good luck

[trillium13 84]

Your husband left with an approved AP, so he is fine.

Your daughter automatically abandoned her AOS when she left without AP. I wonder why she didn't have an AP too? The only thing that would change this is if there is some provision for children - like, if the parent's AP also applies for the child. I do not know if her age would help you out on this one.

It absolutely won't affect your husband's case - so ignore advice to the contrary. Good luck.

This is good, non-judgmental information. Some of you should really think (and READ) before typing. OP doesn't deserve some of the harsh judgment she's getting. She asked a simple question. This is the answer.

[Kathryn41 3,205]

I am surprised at both the degree of misinformation and judgment being proffered in this thread. If you have nothing constructive to add to the discussion - such as correct and useful information that answers the OP's question - then please do not post. Your mis-information becomes confusing, distressing and potentially destructive. Speculation is also pointless and again potentially distressing and destructive. Also, please take the time to read what someone writes and understand what they are asking so you do not answer a question that was not asked nor address a situation that does not exist.

[Boiler 43,437]

No AP equals an abandoned AoS

She would need to go through the immigrant visa process.

I do not know the ESTA questions, if she wants to visit in the meantime that may need to be updated.

An abandoned AoS may cause issues if she wants to visit.

[RICARDO4EVA2 194]

I am sorry to break the bad News to you Rick, but you FLUNK reading comprehension. There is no mention of a VWP overstay in the OP post, in fact to the contrary it states they filed at 80 days. Also, children under 18 do not incur any penalties for overstay, which is not in play here anyway.

Sometimes this happens to me too.. i mis -READ.. but know i'm able to read.. English is my first language.. give him/her a break and move on with helping. To the poster it's unfortunate of the situation. The husband is fine to return. The child will not be able to return UNDER false pretense to "visit." Edited February 17, 2011 by RICARDO4EVA2

[JimVaPhuong 4,863]

This is just a WAG, but if your daughter returns with your husband, CBP might and probably will allow her back in because they do not want to deal with a child in removal, and since your hubby has the AP and it sounds like you applied for AP for both, if he explains this to them they might just buy that it was a USCIS oversite for the AP not to be granted to the child. In the meantime you might want to call USCIS and point out to them they "forgot" to send the AP document for the child and perhaps they will mail it to you.

I agree that there is a reasonable chance they'd allow the daughter to enter. I'm not as confident that USCIS wouldn't consider the AOS petition for the daughter to be abandoned.

I like the idea about trying to get an AP document for the daughter. That route should avoid any potential problems with either reentering the US or adjusting status. Sounds like an infopass appointment is called for.

[Myopia 93]

Well thats a bit off topic and with all do respect, not your concern.

It isn't. You are right. I guess my mommy emotions took over. Excuse me.

[VanessaTony 3,567]

Hi Everyone,

My husband and I are November filers. I (usc) applied for my husband and step daughter who entered on VWP. Everything has been going smoothly so far as far as the application process goes. My husband recently had to travel back to england and decided it best to take her along since she has been so home sick lately (she is 7). the issue is he has an AP document she doesnt. They each received their interview letters two days after they left and they are dated the day they left. Since they entered on the VWP and has left without AP will she be able to re-enter on the VWP? We filed around their 80th day. Or is this application now considered abandoned?

I think a lot of confusion arose because you said you FILED on their 80th day. Most of the time when people say they "filed" it that means they posted it. Like someone else said they go by the NOA1 date. Quick qn: Would you mind writing their US Entry date in your timeline? This should help people realise your NOA1 date is before the 90 days were up.

Anyway The child should still be able to use the VWP because technically she didn't overstay because she was in a period of authorised stay while AOS was pending. I was reading a forum on another site that said she might not be permitted entry because the parent is already AOSing, and because the child already attempted to AOS (proving immigrant intent last time she entered on the VWP and probably immigrant intent this time too). The problem is, USCIS WILL know that she left the county and that has cancelled her AOS process. I remember a story about a guy who had a return ticket when he immigrated on the K1 visa. He never cancelled the return portion but NEVER left the US. Apparently when USCIS did a check of flight records for some reason they thought that he had left on his ticketed date so they denied his AOS... so that implies they check and so her AOS will be denied.

Do you remember applying for AP for her too? Are you sure she wasn't approved and for some reason she just didn't get it in the mail? Is there some sort of derivative AP we don't know about? In the I-131 instructions here: http://www.uscis.gov/files/form/i-131instr.pdf page 4 section E it mentions that if you try to re-enter before the application has a decision (the AP application) then AOS is considered abandoned. But I've also heard that if the AP is dated after you left then it won't work either...

I truly hope you're able to sort it out. Good luck!

[SunDrop 59]

I remember a story about a guy who had a return ticket when he immigrated on the K1 visa. He never cancelled the return portion but NEVER left the US. Apparently when USCIS did a check of flight records for some reason they thought that he had left on his ticketed date so they denied his AOS... so that implies they check and so her AOS will be denied.

Without cross-referencing with the passenger manifesto and that the I-94 that would have been taken back was in fact collected? I hope he turned up with his I-94 in hand and his congressman in tow.