AOS- AP- OVERSTAY

[Xanax 349]

Hi guys,

now I know a fair amount about AOS, K-1 , CR-1, but I am by no means an expert and I am having trouble finding the answer to my question (below) and I hope you can help!

Background: I entered on a VWP, thought it would be a fantastic idea to have my medical here in the US because it was half the price of that of the medical in Australia and because when I got back to Australia after my 3 month VWP stay my 5 months would almost be up and my K-1 approval would be fast approaching (or so I thought).

During the medical I was told I had an infectious disease (turned out to be false) and I was advised not to leave and to seek treatment etc. Thinking I would be in violation of the VWP time allowed and considering some other extenuating circumstances we decided to get married and file for AOS.

My family thought that was fine and decided I would come back to Australia for my brother's 18th in December and for Christmas.

I thought that would be OK , AP would take 3-4 and that would be all good, I had/ have almost 5 months before I was set to leave so I should have my AP. I could go to Australia for Christmas and come back with my AP, simple?!

But... my question is (I know , finally you are saying, finally this woman gets to the point) is that I have accumulated around 45 days of overstay while waiting for my documents from Australia to be sent to me in the US (primarily my birth certificate) and I am wondering if that will make me ineligible to enter back into the US because of said overstay? I know the 180 day - 365 day rule for bans 3 years / 10 years and I know I have not overstayed for anywhere close to that as you enter a period of authorized stay once AOS is filed, right (so my overstay days don't keep accumulating) but will my overstay also mean I cannot reenter?

• I know this may be a stupid question.
  
• Yes, I tried to find the answer myself- no I didn't find a definitive answer.
  
• No, I was not trying to screw the system and AOS from a VWP with intent.
  
• Yes, it probably would have been easier to go back to Australia when my VWP expired but when a medical professional advises you against it you think twice.
  

Thanks so much for reading and hopefully helping me resolve this issue.

Britt

[ceadsearc 516]

You don't have enough overstay accumulated for a ban so you are probably fine. However, there is no way to be certain - whether you are allowed back in is at th discretion of CBP. Some are of the school of thought you should not use AP with any overstay.

Personally, I would think chances are you will be ok but there is a small risk you won't be allowed back in, so you have to decide if you are willing to take that risk. The good news is, if that occurred, you could still file a CR-1 visa from Australia. You'd lose time and money but you would not need a waiver.

[Xanax 349]

Thanks for your reply, I actually consulted a few people on this and it does appear I should be fine, fingers crossed

I fully understand that I can file CR-1 if denied etc, thank you for your reply.

[americanirish87 5]

Thanks for your reply, I actually consulted a few people on this and it does appear I should be fine, fingers crossed

I fully understand that I can file CR-1 if denied etc, thank you for your reply.

hey xanax....i know this is a super old post but just wondering if you even did end up traveling.. and what was the experience like?

[Xanax 349]

hey xanax....i know this is a super old post but just wondering if you even did end up traveling.. and what was the experience like?

Hello,

I never traveled as I was pregnant and high risk.