Incurring a ban from US

[Mrsjackson 300]

Hello, 

 

Out of curiosity, I’m wondering what would happen if someone left the states without AP approval (therefore abandoning their petition) after overstaying? If someone didn’t file AOS for 6 months after their 90 day K1 expired they overstayed of course. But does filing AOS cancel that out? Or would you still get a ban because you left before AP and green card approval? I’m confused as to how this works..

[Roel 7,193]

If you overstayed by 180 days then you have a ban. Sounds like you did when you didn't file AOS for 6 months anyway.  I don't think that abandoned AoS "cancel" anything. It's like going back to square one?

[Mrsjackson 300]

20 minutes ago, Roel said:

If you overstayed by 180 days then you have a ban. Sounds like you did when you didn't file AOS for 6 months anyway.  I don't think that abandoned AoS "cancel" anything. It's like going back to square one?

Right that makes sense. So filing AOS does not in itself cancel that out. Confusing though because if someone did file AOS within the 90 days, but they were here for a long time after their 90 days with a pending AOS case and then abandoned it, would that be considered an overstay? Because they had no status during that time? Would they only count my time here before filing AOS after the 90 day expiry when calculating the ban? 

 

Nevermind: pending AOS not unlawful presence. 

Edited May 18, 2019 by Mrsjackson

[ineedadisplayname 529]

1 minute ago, Mrsjackson said:

Right that makes sense. So filing AOS does not in itself cancel that out. Confusing though because if someone did file AOS within the 90 days, but they were here for a long time after their 90 days with a pending AOS case and then abandoned it, would that be considered an overstay? Because they had no status during that time? Would they only count my time here before filing AOS after the 90 day expiry when calculating the ban? 

This is just my opinion but I think since you filed AOS whitin 90 days you have got an authorized stay even tho you had no status. So abandoning it would have no ban. But that is 100% my logic, but i might be totally wrong.

[Mrsjackson 300]

5 minutes ago, ineedadisplayname said:

This is just my opinion but I think since you filed AOS whitin 90 days you have got an authorized stay even tho you had no status. So abandoning it would have no ban. But that is 100% my logic, but i might be totally wrong.

No I filed just slightly under 180 days from when my i94 expired. 

[ineedadisplayname 529]

8 minutes ago, Mrsjackson said:

No I filed just slightly under 180 days from when my i94 expired. 

I know. i was hypothetical. I would not leave before AP in either case.

[Mike E 11,754]

51 minutes ago, Mrsjackson said:

No I filed just slightly under 180 days from when my i94 expired. 

Over stayed  before filing before AOS: check. 

 

No Advance Parole: check. 

 

Looks like a ban to me.  

 

Why the hypothetical?

 

 

 

[ineedadisplayname 529]

11 hours ago, Mike E said:

Why the hypothetical?

For them filing on time... I wrote "since you filed AOS within 90 days "

[Carpe Vinum 2,332]

I was looking at my old K-1 timeline. We got married within the 90 days but we didn't apply for AOS until 183 days after the expiration of the I-94. My Ex never had any trouble with any of her immigration process or with travelling -- no ban. Looking back I don't remember why we waited so long. It wasn't because of money. Today was the first time I actually calculated the time.

[Going through 5,674]

1 hour ago, boris64 said:

Looking back I don't remember why we waited so long. It wasn't because of money. Today was the first time I actually calculated the time.

Probably just settling into the new marriage, and time got away from you  

Edited May 24, 2019 by Going through