filing for advance parole

[jose_leti 7]

should we file for advance parole if k1 visa expired on jan 31 2013? will that trigger any bans?

shoud we just file for employment authorization and not advance parole?

[Kastrs 723]

submit the AP along with the EAD, it can take a long time to recieve your green card and if you need to leave the country for any reason you will not be able to get back in without the AP

as to the visa expiration, a K1 is one time use only and it expired the minute you entered the US, an AOS folloing the marriage from the K1 is a normal process you will not get any bans from filing for your EAD/AP

[jose_leti 7]

ok thanks i thougth we would get banned since the 90 days passes a couple of months ago back in jan. we did get married now im ready to file for adjustment of status.

[moemac59 192]

should we file for advance parole if k1 visa expired on jan 31 2013? will that trigger any bans?

shoud we just file for employment authorization and not advance parole?

Why not file for both at the same time? If you file for both when filing the I485 concurrently it is included in the application cost ($1070.00 USD) The GC may take awhile before it is issued. I have seen some people who filed their AOS applications last July and are still waiting for their GC's to be issued. In the meantime, they filed their EAD/AP at the same time as their AOS and received the EAD/AP card 3 months later.

Did you marry within the K1 timeline requirement (90 days) and are now adjusting status? If you did get married within the 90 day time frame, then I do not believe that you will have an issue with your AOS. Again, I have seen another OP on a different thread who got married within the 90 day time frame and then adjusted a year later who had no problem and was issued the EAD/AP card without any hassle.

[Harpa Timsah 13,258]

I have seen another OP on a different thread who got married within the 90 day time frame and then adjusted a year later who had no problem and was issued the EAD/AP card without any hassle.

AP is always issued for a person with a pending I-485. That doesn't mean the person can use it without triggering a ban.

OP: You only have 90 days or so of overstay so you should still be okay to use AP. A ban kicks in at 180 days.

I hope you mean the I-94 expired in Jan, not the visa itself.

submit the AP along with the EAD, it can take a long time to recieve your green card and if you need to leave the country for any reason you will not be able to get back in without the AP

as to the visa expiration, a K1 is one time use only and it expired the minute you entered the US, an AOS folloing the marriage from the K1 is a normal process you will not get any bans from filing for your EAD/AP

But you can trigger a ban by using AP if you have enough overstay (time between I-94 expiration and filing for AOS).

Edited May 13, 2013 by Harpa Timsah