Coming back to the US on AP with a NO AOS, NO EOS, NO COS previously stamped in my passport

[Leys V 0]

Hey guys, 

A little background story: I came to the States on my 3 year tourist visa for 4 months to visit my boyfriend back in 2016, and then I returned to Russia (my homeland country) for two months, then I came to the States for another 4 months, and then went to Russia for another month or two, and then when I came to the US for the third time I was stopped at the customs at JFK airport and was given a NO AOS, NO COS, NO EOS in my passport + limited stay (1 month). And also my entry to the country was not recorded in the CBP system, which led to the fact that I don’t have the most recent I-94. And my excuse for this whole mess is that I was always told (and I also researched it on my own and figured out the same thing) that the main thing is to leave the country before you’ve been there for 6 months (180 days) (and I always followed this rule), but, apparently, it turned out to be not very accurate.

So now, when I came to the States for the 3rd time, my boyfriend popped the question (I am going to assure you right away that it wasn’t because of any stamps or anything like that; actually, we had been in a loving relationship for a several years before we got married). So, we filed all the forms for the AOS (although, we sent them 2 weeks after the date stamped in my passport, so you could say that I was out-of-status for 2 weeks), a month later I was invited for my biometrics appointment, two months later I got my EAD and AP, and I already have my interview scheduled. And now the most important part (finally): so, the thing is that I had to go to Russia for a month in Jan because I have my university here (I’m a correspondence student, but I still have to show up twice a year at my uni to take my exams, otherwise I will be kicked out), so now I am here, but once I’m done with everything I’m going to travel back to the States on my Advance Parole just a couple of days before my interview. So knowing everything that I told you just now, 1). do you think that I’m going to have any problems at the customs? (NO AOS stamp in my passport and no recent I-94)

2). And what about the interview? I can already feel that they’re going to question the authenticity of our marriage, but we definitely have more than enough evidence to prove that we are in a bona fide marriage. 

Your answers would be very helpful! Thank you very much! 

[TNJ17 1,329]

I don’t know where you heard that 6 month rule but there is no such thing. You are only allowed stay until the date on your i94. No more than that. 

 

If if you have AP you won’t have any issues coming back. That is literally what AP is for. There is nothing that they can question your relationship based on what you said. 

 

I would have said there would be a problem applying for AP, AOS, EAD after that stamp on your passport but you are passed that so I don’t know what happened there. I also find it very hard to believe that you got through without getting an i94. You can’t be admitted into the country without one. 

[Leys V 0]

37 minutes ago, TNJ17 said:

I don’t know where you heard that 6 month rule but there is no such thing. You are only allowed stay until the date on your i94. No more than that. 

 

If if you have AP you won’t have any issues coming back. That is literally what AP is for. There is nothing that they can question your relationship based on what you said. 

 

I would have said there would be a problem applying for AP, AOS, EAD after that stamp on your passport but you are passed that so I don’t know what happened there. I also find it very hard to believe that you got through without getting an i94. You can’t be admitted into the country without one. 

1). Yes, you’re absolutely right about the date on I-94. Pardon my mistake. 

 

2). My only concern with AP is that everything I’ve read so far (USCIS notices, online websites, etc.) says that Advance Parole DOES NOT guarantee entry to the US. Unfortunately, I couldn’t find anybody with the same situation that would be similar to mine, so I don’t know if it could apply to me. Do you still think that I should be fine? 

 

3). What do you mean by saying that you don’t know what happened there? As far as I’m aware, that stamp is just the CBP officer’s opinion - and it cannot determine whether or not you can adjust your status, it just doesn’t have the authority to.

Well, it might be very hard to believe, but it’s true. When I go on the official CBP website to find my most recent I-94, the only thing that’s there is the information about my previous entry. Although, my travel history (that can also be found on the CBP website) contains all of my entries and exists, including my latest one. So, I don’t know if it’s going to be a problem or not. 

Edited January 17, 2018 by Leys V

[Leys V 0]

36 minutes ago, TNJ17 said:

I don’t know where you heard that 6 month rule but there is no such thing. You are only allowed stay until the date on your i94. No more than that. 

 

If if you have AP you won’t have any issues coming back. That is literally what AP is for. There is nothing that they can question your relationship based on what you said. 

 

I would have said there would be a problem applying for AP, AOS, EAD after that stamp on your passport but you are passed that so I don’t know what happened there. I also find it very hard to believe that you got through without getting an i94. You can’t be admitted into the country without one. 

1). Yes, you’re absolutely right about the date on I-94. Pardon my mistake. 

 

2). My only concern with AP is that everything I’ve read so far (USCIS notices, online websites, etc.) says that Advance Parole DOES NOT guarantee entry to the US. Unfortunately, I couldn’t find anybody with the same situation that would be similar to mine, so I don’t know if it could apply to me. Do you still think that I should be fine? 

 

3). What do you mean by saying that you don’t know what happened there? As far as I’m aware, that stamp is just the CBP officer’s opinion - and it cannot determine whether or not you can adjust your status, it just doesn’t have the authority to.

Well, it might be very hard to believe, but it’s true. When I go on the official CBP website to find my most recent I-94, the only thing that’s there is the information about my previous entry. Although, my travel history (that can also be found on the CBP website) contains all of my entries and exists, including my latest one. So, I don’t know if it’s going to be a problem or not. 

Edited January 17, 2018 by Leys V

[TNJ17 1,329]

No one is guaranteed entry except for US citizens. If there was any issue with your application you wouldn’t have gotten your AP. 

[Leys V 0]

3 minutes ago, TNJ17 said:

No one is guaranteed entry except for US citizens. If there was any issue with your application you wouldn’t have gotten your AP. 

Ok thanks.

[car0593 42]

the problem I see here is that you where out of status for 2 weeks...... that could be a major problem. Usually with AP no problem is giving but..... you cant deny the fact that you did rack up "illegal precense" which triggers the  3 year ban...

[geowrian 22,335]

While that stamp does not prevent you from actually filing for AOS, it is an annotation directed at USCIS for consideration. I don't know if/how often they follow it, though. It does feel like working around the system to file for AOS after being given such a stamp...

 

Entry via AP is at the discretion of the CPB officer. But unless there is a reason for them to deny entry, you should be fine. Only USCs are guaranteed entry.

 

28 minutes ago, TNJ17 said:

I also find it very hard to believe that you got through without getting an i94. You can’t be admitted into the country without one. 

Many Canadians crossing via land are not issued an I-94 (and are admitted as D/S as a result).

And obviously, LPRs and USCs are not issued one.

 

3 minutes ago, car0593 said:

the problem I see here is that you where out of status for 2 weeks...... that could be a major problem. Usually with AP no problem is giving but..... you cant deny the fact that you did rack up "illegal precense" which triggers the  3 year ban...

The bars due to unlawful presence only begins at 180 days of unlawful presence.

Secondly, the bars are applied upon exit. For AOS purposes, unlawful presence (any amount) is not a bar as the spouse of a USC.

[Kastrs 723]

3 minutes ago, car0593 said:

the problem I see here is that you where out of status for 2 weeks...... that could be a major problem. Usually with AP no problem is giving but..... you cant deny the fact that you did rack up "illegal precense" which triggers the  3 year ban...

As far as I am aware a ban is only triggered with more than 180 days accrued

 

That said, there are other issues here

Entry to the US is only a guarantee for USC, having AP you could still be sent to secondary or refused admission

Also having AP is not a guarantee that your AoS petition will be approved or is without error

[TNJ17 1,329]

The out of status is no longer an issue because they have filed for AOS. You’re worrying over nothing here to be honest. 

[Leys V 0]

1 minute ago, TNJ17 said:

The out of status is no longer an issue because they have filed for AOS. You’re worrying over nothing here to be honest. 

I’m sorry if I’m bothering everybody over this, I truly am, but it’s just right now it doesn’t feel like nothing to me. Maybe once the process is done and I know that I’m with my beloved husband and nothing can separate us, I will look back to this and think that it was indeed not a big deal. 

[Leys V 0]

35 minutes ago, car0593 said:

the problem I see here is that you where out of status for 2 weeks...... that could be a major problem. Usually with AP no problem is giving but..... you cant deny the fact that you did rack up "illegal precense" which triggers the  3 year ban...

Just like everyone has already said, the bars are only applied after being out-of-status for 180 days.

Edited January 17, 2018 by Leys V

[Boiler 43,485]

There is a Lawyer on another forum is of the view that using AP is a risk too far, I take the view that it is relatively risk free if you have no issues.

[Leys V 0]

23 minutes ago, geowrian said:

While that stamp does not prevent you from actually filing for AOS, it is an annotation directed at USCIS for consideration. I don't know if/how often they follow it, though. It does feel like working around the system to file for AOS after being given such a stamp...

 

Entry via AP is at the discretion of the CPB officer. But unless there is a reason for them to deny entry, you should be fine. Only USCs are guaranteed entry.

 

Many Canadians crossing via land are not issued an I-94 (and are admitted as D/S as a result).

And obviously, LPRs and USCs are not issued one.

 

The bars due to unlawful presence only begins at 180 days of unlawful presence.

Secondly, the bars are applied upon exit. For AOS purposes, unlawful presence (any amount) is not a bar as the spouse of a USC.

“It does feel like working around the system to file for AOS after being given such a stamp...” ? 

Do you mean that you feel like our marriage is just a way of “working around the system” to get my status adjusted? If that’s what you mean, then you are wrong. 

And yes, I knooow that only USCs are guaranteed entry. I’m asking whether or not you think I (!) would have any problems, given my situation. 

[Leys V 0]

28 minutes ago, Kastrs said:

As far as I am aware a ban is only triggered with more than 180 days accrued

 

That said, there are other issues here

Entry to the US is only a guarantee for USC, having AP you could still be sent to secondary or refused admission

Also having AP is not a guarantee that your AoS petition will be approved or is without error

I know that. Thanks.