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lesthatsri

Traveling outside the U.S. after green card approved and overstayed before

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Hi all,

I was reading the forums today and I got worried about information about overstay consequences.

I entered the US on a J-1 visa on December 8th 2013. It expired on March 17th 2014, My husband (US Citizen) and I got married on April 24th and we started our AOS process on June 17th. Everything is going as planned in the process and we are have our interview scheduled for September 5th. My AP document has already been mailed to me and my EAD is on production stage. We are expecting to get approved the same day of the interview. :D

We are planning to travel back to my home country for the Christmas holidays - Early January. We planned this trip with the idea that by then I would have my greencard. so I shouldn't have any problems coming back. Now I read on a different thread that any overstay could be penalized with a ban if I leave the U.S. before becoming a citizen, because I had at least six months of over stay. I am not sure about this:

http://www.visajourney.com/forums/topic/510677-complicated-adjustment-of-status-advice-needed/

The one little thing I will mention is that, if there is overstay, it could come back to bite him in the butt if you do move back to Canada. He would no longer have a green card, and by the timeline you give, he wouldn't be eligible for citizenship yet (3 years after approval of green card). So, when crossing into the US for a visit, it will show up on his record and the border guard may give him a hard time - and if it is longer than 180 days but not longer than a year, he would have a ban of 3 years from when he left the US. I have overstay on my record, so I am planning on getting citizenship before we move back to Canada.

So, does this means that we won't be able to visit my family until three more years?

Thank you for all your responses.


age.png

Matt, Juki and Janis:

05/01/2013: We met Online

06/04/2013: Matt asked me to be his girlfriend.

12/08/2013: I traveled to the U.S. under a J-1 visa to work in Maine.

12/28/2013: I traveled to Fort Wayne, IN to meet him in person for the first time.

03/17/2014: I returned to Indiana after my work time was over.

04/24/2014: We got married!!!

12/31/2015: Janis, our baby daughter, was born :D

AOS Timeline

Concurrent Filing: I-130 and I-485

06/10/2014 (Day 1) AOS package sent to Chicago Lockbox
06/17/2014 (Day 7) Received notification on text/email that package was received at 11pm.

06/19/2014 (Day 9) Fee checks were cashed.

06/20/2014 (Day 10) I-130 I-485 and EAD NOAs arrived in the mail.

06/24/2014 (Day 14) Biometrics App letter received

07/02/2014 (Day 22) Successful Biometrics Walk-in at Indianapolis ASC

08/05/2014 (Day 59) Interview Letter was mailed from USCIS. App scheduled Sept. 5th.

08/15/2014 (Day 69): Updated address with USCIS

08/18/2014 (Day 72): EAD in production state

08/23/2014 (Day 77): EAD arrived at home

09/05/2014 (Day 90): Interview day at Indianapolis. Recommended for approval afterwards!

09/05/2014 (Day 90) at 5pm: My case status updated - WE ARE APPROVED!!!!

09/09/2014 (Day 94) : GC arrived on the mail :D

I-751 Removal of Conditions

Fee waiver granted

08/19/2016 (Day 1) I-751 and I-912 packages sent to California Service Center.
09/15/2016 (Day 24) Received NOA with Fee waiver granted

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I believe the overstay has consequences only if you leave the US before getting your green card. Once you get the green card, your overstay is forgiven and you can travel in and out of the US.


 

Spoiler

 

AOS:

July 3, 2014: Mailed AOS, EAD & AP forms via USPS

Jan 20, 2015: Interview - approved

Jan 30, 2015: GC received.

 

ROC:

Nov 5, 2016: Mailed I-751 & documents

Dec 9, 2016: Biometrics appointment

 

N400:

Oct 23, 2017: Filed N400 Online (90day window)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Not sure if you could ask this question at the end of your interview if the IO asks if you have any questions, provided that you will be approved, but you should just ask the IO to make sure you are in the safe side. Good luck!


dAdjusting from F1

05/21/14 Package sent via FedEX

05/23/14 (day 1) Package delivered Chicago Lockbox 10:29am signed by J.Chyba

05/29/14 (day 6) emal/txt message NOA1

06/03/14 (day 11) paper NOA1 arrived in the mail

06/07/14 (day 15) Biometrics notice in the mail/ appointment June 19, 2:00pm

06/19/14 (day 27) Biometrics done

06/26/14 (day 34) email notification I-485 case status "Testing and Interview"

07/18/14 (day 56) email/txt notification Interview letter was sent on the mail. Interview date 08/20/14

07/21/14 (day 59) hard copy in the mail for AOS interview date

08/05/14 (day 74) email/txt notification EAD card is in production (59 days after Biometrics)

08/08/14 (day 77) email/txt notification EAD card has been mailed

08/09/14 (day 78) EAD in hand (4 days after "card production" notification)

08/20/14 (day 89) AOS Interview -APPROVED!!! 2 hrs after interview received text/email notification "card in production". 5 hrs after interview received text/email notification I-130 has been approved/notice of permanent resident status has been registered

08/28/14 (day 97) NOA2/Welcome to USA notice arrived in the mail

08/28/14 (day 97) email/txt notification Green Card has been mailed with tracking # -sent priority mail 2-Day

08/29/14 (day 98) GREEN CARD in hand delivered at 1:17pm . Yes it is green! :dance::D:dance::D:dance::D:dance:

RoC

08/01/16 I-751 sent via USPS Express Mail

08/02/16 (Day 1) Package delivery confirmation USPS 10:17am PDT

08/04/16 (Day 3) Check cashed

08/06/16 (Day 5) NOA I-797 Received on the mail dated 08/02/2016

09/20/16 (Day 50) 45 days after receiving NOA -1yr permit extension- I filed service request to inquire about Biometrics appointment letter

09/29/16 (Day 59) Biometrics appointment letter received dated 9/24/16

10/11/16 (Day 71) Biometrics completed. *Also, received on the mail response letter from previous service request filed with copy of Biometrics appointment letter.

11/11/17 (Day 466) Case Status changed to New Card Production

11/16/17 (Day 471) Case Status indicate  New Card being sent on the mail .:dance::dance::D:dance::dance::dance:

11/17/17 (Day 472) I-797  Notice of Removal of Condition being approved received in the mail.

11/20/17 (Day 475/15 months 18 days) New Lawful Permanent Resident arrived in the mail; card in hand at last! :dancing:

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Hi all,

I was reading the forums today and I got worried about information about overstay consequences.

I entered the US on a J-1 visa on December 8th 2013. It expired on March 17th 2014, My husband (US Citizen) and I got married on April 24th and we started our AOS process on June 17th. Everything is going as planned in the process and we are have our interview scheduled for September 5th. My AP document has already been mailed to me and my EAD is on production stage. We are expecting to get approved the same day of the interview. :D

We are planning to travel back to my home country for the Christmas holidays - Early January. We planned this trip with the idea that by then I would have my greencard. so I shouldn't have any problems coming back. Now I read on a different thread that any overstay could be penalized with a ban if I leave the U.S. before becoming a citizen, because I had at least six months of over stay. I am not sure about this:

http://www.visajourney.com/forums/topic/510677-complicated-adjustment-of-status-advice-needed/

So, does this means that we won't be able to visit my family until three more years?

Thank you for all your responses.

First relax. Second, RELAX. Third, you married a USC so any overstay is forgiven. Forth, your overstay is only about 3 months--March to June. When you filed the AOS you enter into a period of authorized stay until you receive your GC at which time you become a lawful permanent resident (LPR). As you have your AP, you can travel on it and re-enter the US. Once you receive your GC you can travel on it as well. Fifth, RELAX.

Good luck,

Dave

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My comment was strictly in the case that the couple moved back to Canada, thus abandoning the green card. You don't have to worry about it simply for vacation trips to other countries.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Hahaha... Dave your comment was great!! Thank you Valerie for clarifying... i didnt want to post my question on the other thread, so i opened this one. Im sorry i freaked out but it is also because this is the first time i am away from my family so long. I want my husband to meet them and enjoy the food and scenery.


age.png

Matt, Juki and Janis:

05/01/2013: We met Online

06/04/2013: Matt asked me to be his girlfriend.

12/08/2013: I traveled to the U.S. under a J-1 visa to work in Maine.

12/28/2013: I traveled to Fort Wayne, IN to meet him in person for the first time.

03/17/2014: I returned to Indiana after my work time was over.

04/24/2014: We got married!!!

12/31/2015: Janis, our baby daughter, was born :D

AOS Timeline

Concurrent Filing: I-130 and I-485

06/10/2014 (Day 1) AOS package sent to Chicago Lockbox
06/17/2014 (Day 7) Received notification on text/email that package was received at 11pm.

06/19/2014 (Day 9) Fee checks were cashed.

06/20/2014 (Day 10) I-130 I-485 and EAD NOAs arrived in the mail.

06/24/2014 (Day 14) Biometrics App letter received

07/02/2014 (Day 22) Successful Biometrics Walk-in at Indianapolis ASC

08/05/2014 (Day 59) Interview Letter was mailed from USCIS. App scheduled Sept. 5th.

08/15/2014 (Day 69): Updated address with USCIS

08/18/2014 (Day 72): EAD in production state

08/23/2014 (Day 77): EAD arrived at home

09/05/2014 (Day 90): Interview day at Indianapolis. Recommended for approval afterwards!

09/05/2014 (Day 90) at 5pm: My case status updated - WE ARE APPROVED!!!!

09/09/2014 (Day 94) : GC arrived on the mail :D

I-751 Removal of Conditions

Fee waiver granted

08/19/2016 (Day 1) I-751 and I-912 packages sent to California Service Center.
09/15/2016 (Day 24) Received NOA with Fee waiver granted

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Everything I've read personally has said that once you have the green card (at least via marriage to a U.S. citizen, I don't know about other cases), any overstay is forgiven. However, if you do not yet have your green card approved and in your possession, even with Advance Parole, you are not guaranteed reentry to the U.S., as it is subject to the decision of the border agent upon your landing at a U.S. port of entry. The general advice for non-emergencies is to put off travel until you have the green card to reduce risk as much as possible. Good luck!

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