Advance Parole with overstay

[InquiringMinds 2]

Hello people,

 

Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms  were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems.

 

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

 

Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.  

[Blessed21 141]

18 minutes ago, InquiringMinds said:

Hello people,

 

Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms  were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems.

 

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

 

Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.  

I really  dont have  the  answer for you. But i just wanted  express;am sorry  for  this difficult  situation ur in especially your father  being  sick. I pray you manage to go home in time  with  no problem  and be there  for your  father and brother. All keep in my prayes  hope someone  helps with  the right  answer. Good luck keep us updated with  your situation 

[JQK 4]

Your period of unlawful stay itself is not an issue for traveling with advance parole. But there is always a general risk when reentering the country without having a finalized status. The single-way tickets don't affect anything.  The risk is small, but it is a decision you will have to make.

 

But Note:

1) A Marriage case is not "K-3".

2) If you are in California, your interview may be coming up pretty soon. It may be best to just wait until you have the Green Card before traveling. You don't want to have to rush back in case you get your interview appointment.

[Going through 5,671]

6 hours ago, InquiringMinds said:

I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

Any overstay was forgiven once you filed for the AOS, so don't worry about that since it can't be held against you.

 

6 hours ago, InquiringMinds said:

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad.

As long as your combo card hasn't expired, you are fine, since it specifically allows you to travel abroad while the AOS is pending.  My advice is not to be gone too long, however, so as not to miss anything regarding your AOS application.  Just be sure that you actually *do* have a combo card, and don't need to file for a separate AP document, as many presume they got a combo card but it's not what they actually received.

 

Some info on combo cards that might help you:

 

https://www.uscis.gov/sites/default/files/ilink/docView/AFM/DATAOBJECTS/App55-5f.pdf

Edited September 18, 2017 by Going through

[Vaug21 14]

11 hours ago, InquiringMinds said:

Hello people,

 

Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms  were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems.

 

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

 

Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.  

Tbh don't go home a combo card is not agaurantee u overstayed arleady that is a red flag so stay put don't test your chances

[geowrian 22,337]

2 hours ago, Vaug21 said:

Tbh don't go home a combo card is not agaurantee u overstayed arleady that is a red flag so stay put don't test your chances

No entry is a guarantee until you are a USC.

[Vaug21 14]

Just now, geowrian said:

No entry is a guarantee until you are a USC.

If u have 10 years greencard with a clean record 

[geowrian 22,337]

1 minute ago, Vaug21 said:

If u have 10 years greencard with a clean record 

Still not guaranteed.

Edited September 18, 2017 by geowrian

[Vaug21 14]

15 minutes ago, geowrian said:

Still not guaranteed.

LOl ok

[mr-mrs-hdc 23]

In all honesty, I would wait until you have been granted your Greencard before leaving the USA. 

 

As stated above, your overstay could possibly come into effect when you come back to the USA. 

 

Realistically the chance is fairly small that it would, but why take any chance... 

 

Also, im sorry to hear about your father. 

 

[ndifonman 6]

To be on the safe side, wait for your interview and get your green card before you travel. Nothing is guaranteed anymore.

[beduina 5]

I had the same issue.

I entered with Esta and I overstay and I applied for AOS. 

The lawyer clearly told me not to travel with AP.

waiting green card is better than deny entry, and they do!!!!!!

[sparkles_ 456]

Our lawyer told my husband not to travel til the GC was in hand because he was adjusting from an overstay vs adjusting while having a still valid visa 

Edited September 19, 2017 by sparkles_

[KeratNY 76]

On 9/18/2017 at 12:36 AM, InquiringMinds said:

Hello people,

 

Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms  were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems.

 

I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017.

 

Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.  

OP - can you update us? did you leave using your Advance parole and come back into the country with no issues? Am in the same situation and would love the comfort and confidence of hearing your success story. 

[michaeldc09 4]

Newbie here, my case is still pending for aos, I'm thinking to apply for AP, I really wanna go home because of my Dad's health. It has been more than 10 years the last time I was with my whole family in the Philippines and yes it has been 10 years I overstayed my tourist visa, my dad has type 2 diabetes and he is really in bad condition, 2 weeks ago he got fainted and ended up on the ground and hit his head and my family took him to the hospital, he got stitches on his forehead, and the Doctor said he need to be more careful especially on his diet, and has to maintain his sugar level, My father told me to "pls come home before I die" It breaks my heart hearing that from him., so it is really safe to travel back home and to apply AP while my AOS still pending, my priority date was Nov 2017, I got married with my husband on sept 06 2017, and I met my USC husband on Jan 2016, been living together since April 2016 and we are same sex couple. Thank you so much!!