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[chelseafan 0]

Thanks TD. I know you're enduring some stuff of your own, just now. It's great that you've given the OP (and others) some resources. The "I just have no idea how to proceed" feeling is NOT a good one.

Cheers

[TennesseeRed 0]

ok, this is helpful.

i guess i just need to make the isssue of his 1-94 departure date clear. his 1-94 expired on june 29th, however he filed for a extention BEFORE it expired, and though he has not been granted an actual extention as of today, he has recieved notification that his application was recieved (once again, BEFORE the expiration date) and his status is currently pending, which we were told by a lawyer would not cause him any problems.

obviously, we don't want to risk him not being able to enter the country, but...well, i guess there is no 'but', so that's the situation as of right now.

oh, also, something i forgot to mention. back in december, he was confused as to what he was supposed to do and before deciding to go home, he filed for an extention, however, he went on home and cancelled the application. he still recieved a letter telling him he had 180 days to leave the country because he did not send in any more information for his extention. we called USCIS and they told us that was a mistake and he didn't need to worry about that letter because he went home anyway.

this leads me to my next question. basically, we know that if he were asked to leave the country, he may have up to 180 days to actually depart before he is barred from re-entry. i mentioned this to the lawyer, and he said that indeed, it is after this 180 day period that he would REALLY get in trouble. and, assuming that is true, and as a precaution lets say that he is sent another letter denying his application for extention and is given 180 days to depart. if then within that period of we were to get married, would he still be able to file for AOS, or would he have to go home and come back or K3, or would we have to wait to do anything until he was granted a K1? AND...would his overstay (within the 180 given days) gravely affect our chances?

i thank, FROM THE BOTTOM OF MY HEART, anyone who is patient enough to sift through all these questions. we both do.

[TracyTN 237]

This is a very complex situation. I'd be hesitant to go on the advice of people on a message board.

What answers does your lawyer give to those questions: ("if then within that period of we were to get married, would he still be able to file for AOS, or would he have to go home and come back or K3, or would we have to wait to do anything until he was granted a K1? AND...would his overstay (within the 180 given days) gravely affect our chances?")?

Edited July 12, 2007 by TracyTN

[TennesseeRed 0]

i spoke to a lawyer again today. they told me that as long as he is here on either a pending status or a granted extention he is okay. we could either get married before he goes home at all, which we probably will do, or go the K1 route. if we were to chose the latter, his current situition is not one that will cause legal problems.

I FEEL MUCH BETTER!!!

i know there is still a lot to get through regardless of which route we take, but we atleast know that we haven't done anything to hurt our chances.