filing advance parole and EAD after 180 days of expiration of k1 and i94

[jose_leti 7]

I-94 expired on jan 31 2013. we are now just filing AOS. are we to late to file for Advance parole? does she still qualify for advance parole?

[Tygrys 143]

No problem, you can apply for AP even with expired I-94

[Dave&Roza 748]

I-94 expired on jan 31 2013. we are now just filing AOS. are we to late to file for Advance parole? does she still qualify for advance parole?

Typically if you have 180 days or more of over stay, the AP is not worth filing as the person trying to use the AP would be denied re-entry to the US and then would need to file for a spousal visa. If it was me, I would not leave the US until I had the GC in my hot little hands and not risk leaving the US and being denied re-enter given how close to teh dead-line you are.

Good luck,

Dave

[Hypnos 6,576]

If you apply for it with no overstay, 150 days, or even 150 months of overstay you will be approved.

Your wife is extremely close to the 180 days of overstay cutoff. I personally would not risk it, but it's up to you.

Edited July 11, 2013 by Hypnos

[Andrea&Henry 311]

I-94 expired on jan 31 2013. we are now just filing AOS. are we to late to file for Advance parole? does she still qualify for advance parole?

Sure! And dont worry! I applied for my AoS with my I94 already expired and I traveled with my Ap without issues. Just make sure the airline accept the AP and even when is not an issue you have to know once you reentry you need to go through the immigration room again not fun Edited July 11, 2013 by Andrea&Henry

[Hypnos 6,576]

Sure! And dont worry! I applied for my AoS with my I94 already expired and I traveled with my Ap without issues. Just make sure the airline accept the AP and even when is not an issue you have to know once you reentry you need to go through the immigration room again not fun

The advice you are giving the OP could lead to her being barred from the US for three years. She only has three weeks to get the application in, so will be cutting it extremely close. I would not risk it.

Edited July 11, 2013 by Hypnos

[Andrea&Henry 311]

The advice you are giving the OP could lead to her being barred from the US for three years. She only has three weeks to get the application in, so will be cutting it extremely close. I would not risk it.

the op is adjusting from a k1 like me. A lot of vj members we applied for AoS, EAD and AP with the I94 already expired and most of us had travel with the AP without problems, I did it myself.

I dont know how it works for other visas but k1 doesn't major issues, maybe its because you adjust from a different visa

[Hypnos 6,576]

If you have an I-94 with a defined expiration date, as soon as you hit 180 days of overstay you receive a three year bar (and for 365 days of overstay you receive a ten year bar).

The OP's wife has until the end of this month to get their I-131 filed, which may or may not be do-able (I don't know their circumstances).

If the OP hits the 180 day mark then they become inadmissible to the US under INA § 212(a)(9)(B).

[Andrea&Henry 311]

A friend of mine which is also a former k1 visa holder, her I94 expired on december, she traveled with her AP and come back 2 days from pur homecountry. No issues. I wouldnt advice the op anything that I havent experience myself

[Hypnos 6,576]

Again, the law is quite clear with regards to overstay and inadmissibility bars. If you know someone that had over 180 days of overstay and still managed to re-enter on AP then they got extremely lucky / an inattentive CBP officer. Technically, any green card they were granted from such a decision would be erroneously issued too, and could potentially be taken away down the line. Any decision USCIS makes, up to and including citizenship, can be reversed if it was made incorrectly.

Edited July 11, 2013 by Hypnos

[Andrea&Henry 311]

If you have an I-94 with a defined expiration date, as soon as you hit 180 days of overstay you receive a three year bar (and for 365 days of overstay you receive a ten year bar).

The OP's wife has until the end of this month to get their I-131 filed, which may or may not be do-able (I don't know their circumstances).

If the OP hits the 180 day mark then they become inadmissible to the US under INA § 212(a)(9)(B).

she can't filed the AP without doing AoS. As I told you, the only time frame the k1 visa holder has to complete is been married to his/her sponsor before 90 days. Once the visa holder its marry beeds to apply for aos as soon as they can but for many reasons people cant do it right away. Most of the people wait 3 or more month to file, even a year and this people gets their document without issues. As I told you, maybe if you are applying from other visa may apply but not for k1 visa holders

Again, the law is quite clear with regards to overstay and inadmissibility bars. If you know someone that had over 180 days of overstay and still managed to re-enter on AP then they got extremely lucky / an inattentive CBP officer. Technically, any green card they were granted from such a decision would be erroneously issued too, and could potentially be taken away down the line. Any decision USCIS makes, up to and including citizenship, can be reversed if it was made incorrectly.

well I invite you to check the k1 visa reviews and exceptions. Edited July 11, 2013 by Andrea&Henry

[Hypnos 6,576]

You are mistaken. K-1s are not an exception to the inadmissibility rules.

If a K-1 is out of status (goes beyond the expiration date of their I-94) for at least 180 days they become inadmissible. This is codified in law. If anyone has at least 180 days of overstay (including a K-1) and depart the US then they will be refused entry if they attempt to use AP to re-enter. Obviously, if they file for AoS before their I-94 expires, or if they apply after their I-94 expires but before they reach 180 days of overstay then this does not apply to them, because filing an I-485 puts you back into a legal status until your application is finally adjudicated.

Matters of Arrabally and Yerrabelly overturned the AP and overstay law, and held that international travel using AP did not constitute a "departure" under the inadmissibility statutes, but USCIS has yet to issue formal guidance with regards to that decision, so cannot be relied upon at the current time.

In short, K-1s do not receive special treatment with regards to overstay and AP, and you are in error if you believe that they do.

Edited July 11, 2013 by Hypnos

[Harpa Timsah 13,258]

Andrea, you are confusing two things. Yes, you can apply and use AP with some overstay, no problem. In your example you are talking about 3 months of overstay. Not a problem.

The issue is that at 180 days (6 months+) of overstay, leaving without a GC will trigger a 3-year ban that cannot be overcome with the AP. The AP says right on it, do NOT USE if you have 180 days+ of overstay. A k-1 is treated EXACTLY the same way as other visas in this and most other ways. This 180 days of overstay is not a bar to getting a GC approved, but is a bar to reentering on AP.

OP: Don't use AP.

Edited July 11, 2013 by Harpa Timsah

[Andrea&Henry 311]

My bad! I traveled with my AP with an i94 super expired 5 month and had no issue, and also my friend. Maybe because I didnt reach the 6 month mark. Sorry if I confused the op!

[jose_leti 7]

for clarification i just noticed on k1 visa of wife

Issued october 2012 Expiration Date is April 18 2013? the i 94 expired jan 31 2013 that was the 90 day period to get married