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

[Dave&Roza 748]

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

The only thing that matters is the expiration date of the I-94 and the date you get approved for AP. IF that time is longer than 180 days then you have enough over-stay days to trigger the 3 year ban if you leave the US. The AP cannot over come that. The advice we are giving you here on VJ is to file for EAD and the GC but filing for the AP is a waste of effort. Also we are telling you DO NOT TRAVEL OUTSIDE THE US WITHOUT THE GC. To do otherwise will cause you all kinds of problems. You have no time limit to file for AOS, but there is a time limit for filing for the AP and that is 180 days after the I-94 expires.

Dave

Edited July 12, 2013 by Dave&Roza

[jose_leti 7]

expiration date on k1 visa read arpil 18 2013.

i94 expired jan 31 2013.

how far until shes out of status at 180 days? witch date to use to figure this out

[aaron2020 11,651]

The expiration date on the K-1 is the use by date or it expires. It does not relate to the 90 days of approved stay after she enters. The date on the I-94 is how long she is legal in the US on the K-1. After your fiancée entered the US, the only date that matters is the one on the I-94.

[aaron2020 11,651]

Please don't start another thread. Your question was already answered in your original thread.

[Dave&Roza 748]

expiration date on k1 visa read arpil 18 2013.

i94 expired jan 31 2013.

how far until shes out of status at 180 days? witch date to use to figure this out

Answered in this thread http://www.visajourney.com/forums/topic/441068-filing-advance-parole-and-ead-after-180-days-of-expiration-of-k1-and-i94/page-2#entry6365587. Please have a read.

Dave

[Ban Hammer 12,863]

duplicate topics merged. do not start multiple topics on the same subject.

[Hypnos 6,576]

The K-1 is void the moment you exit CBP controls, since it's a single-use visa.

The I-94 expiration is the date that really matters, at least with regards to the marriage and overstay deadlines.

[amberlynnloves 125]

The only thing that matters is the expiration date of the I-94 and the date you get approved for AP. IF that time is longer than 180 days then you have enough over-stay days to trigger the 3 year ban if you leave the US. The AP cannot over come that. The advice we are giving you here on VJ is to file for EAD and the GC but filing for the AP is a waste of effort. Also we are telling you DO NOT TRAVEL OUTSIDE THE US WITHOUT THE GC. To do otherwise will cause you all kinds of problems. You have no time limit to file for AOS, but there is a time limit for filing for the AP and that is 180 days after the I-94 expires.

Dave

I believe this is incorrect as well. The overstay time is calculated from expiration of I-94 and NOA for AoS/EAD/AP. Not until its approved. If this is the case, there were be a TON more bans.

[belinda63 2,981]

once the paperwork is filed and received the clock stops ticking until approval or denial. If the AP was applied for prior to 180 days from the expiration of the I-94 everything would be ok. Since he has not had it received prior to the 180 days, not just mailed but processed NOA-1 date, she will have a ban when she leaves.

[Dave&Roza 748]

I believe this is incorrect as well. The overstay time is calculated from expiration of I-94 and NOA for AoS/EAD/AP. Not until its approved. If this is the case, there were be a TON more bans.

Sorry I was talking about the NOA1 for the AP not the approval for the AP--AP is handled separately than the EAD/AOS as you will get a NOA1 for the EAD and AOS and an NOA1 for the AP. You are correct that the 180 days is from the expiration of the I-94 until the NOA1 receipt date. The OP is so close right now it really does not matter unless he can file and get the NOA1 in less than 18 days since the I-94 expired back on 31 Jan 2013.

Dave

P.S. See post #16 above where I stated it correctly

Edited July 13, 2013 by Dave&Roza

[amberlynnloves 125]

Sorry I was talking about the NOA1 for the AP not the approval for the AP--AP is handled separately than the EAD/AOS as you will get a NOA1 for the EAD and AOS and an NOA1 for the AP. You are correct that the 180 days is from the expiration of the I-94 until the NOA1 receipt date. The OP is so close right now it really does not matter unless he can file and get the NOA1 in less than 18 days since the I-94 expired back on 31 Jan 2013.

Dave

P.S. See post #16 above where I stated it correctly

I was also sort of seeking verification for myself as my husband has an overstay of like 91 days! So I was also stating that for someone to verify for me as well! Thanks Dave&Roza

[newacct 688]

but USCIS has yet to issue formal guidance with regards to that decision, so cannot be relied upon at the current time.

USCIS has, however, issued a new version of the I-131 form whose instructions removed all warnings relating to AP and overstay. It would be strange for them to do that if that was still an issue.

[newacct 688]

Sorry I was talking about the NOA1 for the AP not the approval for the AP--AP is handled separately than the EAD/AOS as you will get a NOA1 for the EAD and AOS and an NOA1 for the AP. You are correct that the 180 days is from the expiration of the I-94 until the NOA1 receipt date. The OP is so close right now it really does not matter unless he can file and get the NOA1 in less than 18 days since the I-94 expired back on 31 Jan 2013.

Dave

P.S. See post #16 above where I stated it correctly

It's the NOA1 for AOS that matters. NOA1 for AP is not relevant.

[Hypnos 6,576]

Page 5 of the new I-131 instructions state that you may not be admitted if found inadmissible under any provisions of the Immigration and Naturalization Act.

Until USCIS issues official guidance, someone with at least 180 days of overstay is rolling the dice if they travel abroad with the intention to re-enter using AP.

Edited July 13, 2013 by Hypnos

[jose_leti 7]

i filed aos and ead only. i did not file for Advance parole. i did not want to risk them rejecting the complete application since the 180 days were overstayed.