Aos

[Asha6222 0]

My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

[Cyberfx1024 7,980]

14 minutes ago, Asha6222 said:

My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

How long is your B1/B2 tourist visa stay still good for or are you already overstaying? If you are overstaying and do leave the country then you count your tourist as toast. You gave your tourist visa up the day you overstayed. 

[Californiansunset 336]

19 minutes ago, Asha6222 said:

My aos is in process from b1/b2.i married a USC.  I haven't received ead and advanced parole. I want to leave country and get my aos cancelled since we may get separated. How will it affect my b1/b2 visA. Should I wait for my advance parole and leave the country. 

Since you already showed immigration intent (even if you didn't end up staying), CBP will scrutinize you a lot more the next time you try to enter with a B1/B2 visa. You proved to them that you tried to adjust from a tourist visa before so they will think you might do that again. You will need looooots of ties to your home country if you want to enter on a tourist visa in the next couple years.

[Asha6222 0]

I Am overstaying but I have many ties in my home country. My question is will my b1/b2 revoked? Or my visa are still valid ?? Can I re enter usa within few

months  to wind up my things here?

[geowrian 22,337]

Yeah, it's going to be really hard to use a tourist visa in the foreseeable future.

1) Immigrant intent was expressed by filing the AOS. This can be overcome with enough ties to return home, but it's unlikely to happen anytime soon since by filing AOS those strong ties that you had weren't enough last time...and making new strong ties takes time.

2) If you overstayed before you filed for AOS, there will be a strong concern that you will violate the terms of the visa again.

[geowrian 22,337]

2 minutes ago, Asha6222 said:

I Am overstaying but I have many ties in my home country. My question is will my b1/b2 revoked? Or my visa are still valid ?? Can I re enter usa within few

months  to wind up my things here?

Your strong ties weren't enough to make you leave the US last time. Trying to prove they are strong enough the next time will be incredibly difficult.

[Asha6222 0]

I didn't overstay before filing for my aos. I had 2 months left before filing for aos. 

[geowrian 22,337]

9 minutes ago, Asha6222 said:

I didn't overstay before filing for my aos. I had 2 months left before filing for aos. 

Then you're not overstaying yet...filing for AOS grants authorized stay while the case is pending.

[Asha6222 0]

So is my b2 visa still valid ??? And if i need to travel back to usa for few days will I be able to do so ??? 

[geowrian 22,337]

10 minutes ago, Asha6222 said:

So is my b2 visa still valid ??? And if i need to travel back to usa for few days will I be able to do so ??? 

The visa itself should still be valid....filing for AOS doesn't automatically cancel/revoke it.

 

Your ability to enter on it, however, is the issue. They will see your past AOS application at POE and very likely assume you intend to overstay or file for AOS again.

[Asha6222 0]

How soon can I come back once leaving the country. Since I have few things to wind up. 

[Suss&Camm 2,213]

You should probably take care of everything before you leave.

[JR loves JR 196]

How long ago did you file for AOS and AP? AP normally gets approved within 90 days of filing. Judging by "I had two months left when we filed" and all the talk of overstay, I'm assuming you have a month or less left to wait for your AP. It's a long time to stay somewhere you don't feel welcome but would hopefully give you enough time to tie up your loose ends just in case you get denied entry on your next visit. It would also allow you to return if the two of you reconciled without having to resubmit your AOS. If, on the other hand, things are really bad between the two of you, you should be aware that your spouse can contact USCIS and pull their affidavit of support which would make waiting for your AP pointless. 

 

I have two questions for the forum... If they were to leave with AP and attempt to return on AP without intending to AOS, is it still valid? And if they leave on AP, would they need to go to the US embassy in their country to turn it in and withdraw their AOS application? 

[Asha6222 0]

It was filed in end of may!!! I am not sure but AP might be approved but it would be with my husband and I may not get it physically, however does it help if I leave the country if it is issued and I don't have it with me. I don't mind if my husband calls pull back the affidavit. Coz next time if I enter usa I would enter with visitor visa and not based on AP

[Asha6222 0]

I don't have my uscis case status number, can I call uscis and provide my name, passport number and date of birth just to confirm status of my AP without letting my husband know about it. I don't want him to receive any acknowledgement email about me contacting uscis. I am least concerned about my Aos. I just want to make sure that I am not denied reentering usa.i am only waiting for AP.

Edited September 25, 2017 by Asha6222