Abandoning AOS from VWP

[weec 2]

So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.

[NigeriaorBust 4,087]

Leaving the US isn't a problem , they don't want to "keep you" , you can't use VWP because of the overstay. You will need a visitors visa

[Myopia 93]

So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.

You should not incur any bans as you stayed under 180 days of overstay.

Sorry things didnt work out for you.

[Bobby+Umit 161]

So long story short, I filed for AOS from VWP which expired late dec. I filed before it expired but things have gone from bad to worse.

I tried searching for similar posts but couldnt really find anything that was close to my situation.

Basically I want to know what would happen if I just left the US. I assume that I would have a bit of a situation at the airport but Im guessing that I will show them my marriage certificate and all my USCIS correspondence then the border officer will let me board my plane.

My question is what happens after that?? How long will I be banned for (Ive now overstayed by just over 2 months)? I only ever plan to come back for holidays or to transit for flights to South America etc, but I guess I will no longer be able to use the VWP either??

If anyone could give me advice it would be much appreciated.

Well - good news for you.

Since you filed for the AOS prior to getting out of status, and you received the NOA1, you are safe from being deported or anything like that. YOU WILL NOT BE BANNED. You can still use the VWP - since you are not out of status.

You are allowed to stay in the US as long as they are processing the AOS, regardless if your visa is expired - so don't worry about that. (filing for the AOS freezes your status)

I would recommend you file for divorce here in the US, if possible (get it out of the way), then leave - notify USCIS you are giving up on the AOS. I am sure your sponsor will pull the 864. (how bad is it? will your partner work with you to get the divorce easily?)

If you leave prior to the AOS being accomplished, you will not be able to re-enter the US via this AOS (unless you have the AP, but you seem to want to leave the US) - and the AOS, for all intents, is abandoned. (this will solve the AOS problem)

If you do leave prior, just explain your situation, show the NOA1 from the AOS, and you should not have any issues.

However, since you can still use the VWP, you could come back and finish up any divorce issues as you need.

[weec 2]

Ironically I received the biometrics appointment letter the day I left (Id been waiting for 2months and made 2 service requests), and I did a walk-in the next day, the USCIS online case status now says card production ordered, so I am contemplating waiting it out a bit.

Im staying with a friend at the moment but hes begging me to go back. Its just so hard when you love someone, you want to believe that they will change but how many chances should you give before its time to walk away??

I guess I will wait another couple of weeks, try a couple more counseling sessions etc and if there is no marked improvement then it will be time to bite the bullet.

Thanks for all of your input, its helped calm me a little by knowing I still have the option of coming back to the US on a tourist visa in future.

[Brother Hesekiel 2,235]

+1 to Bobby. You are cool.

Before you return to the US, however, make sure you carry documentation (ticket/boarding passes) that you left the US before the pending AOS petition was denied (as it will because you don't show up).

[rika60607 215]

Looks like you have a green card!

It means you were never out if status.

"the USCIS online case status now says card production ordered",

[JimVaPhuong 4,863]

Looks like you have a green card!

It means you were never out if status.

I'm guessing that is the EAD card (his signature says he also filed I-765). For someone adjusting from a VWP entry it would be very unusual to get a GC without an interview.

[rika60607 215]

Ah yes, you're right, 82 days for AOS would be too fast.

I'm guessing that is the EAD card (his signature says he also filed I-765). For someone adjusting from a VWP entry it would be very unusual to get a GC without an interview.