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Los Angeles 1998 Newbie

Los Angeles 1998   0

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Hello , 

My case is as follow : We got married( my spouse is a USC) in September 2024, then filled for our I-130 and I-485 in November 2024. I was in the USA since March 2024 and my Visa ( B2) expired on September 2024, so I overstayed about 3 months. I’ve also worked for some time under the table until I got my EAD. USCIS is aware of this as I have stated it in the application.

 

2 weeks ago , I received my AP allowing me to travel , which I really want to do in order to see my family and celebrate our wedding back in Europe. 
 

I’m worried to travel because of the current administration as well as because of my past situation ( overstay and illegal work ). I don’t want to be denied entry , be sent back to my home country ( Switzerland ) and having to start all over again . I’d be crushed.  

What is your insight regarding my situation and has anyone experienced a similar experience or has traveled on AP and came back in the USA without any issues. Is it worth the risk ?

OldUser Grand Master

OldUser   10,117

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23 minutes ago, Los Angeles 1998 said:

then filled for our I-130 and I-485 in November 2024

I guess, not just filled, but also filed. Filling is just about writing answers on form, filing is act of submitting this form.

 

Don't travel until you get GC.

 

AP is meant to be used for emergency travel.

 

What if your I-485 gets denied while you're out of country? Technically, AP and EAD would get invalid too if this happens.

 

Edited by OldUser
Los Angeles 1998 Newbie

Los Angeles 1998   0

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26 minutes ago, OldUser said:

I guess, not just filled, but also filed. Filling is just about writing answers on form, filing is act of submitting this form.

 

Don't travel until you get GC.

 

AP is meant to be used for emergency travel.

 

What if your I-485 gets denied while you're out of country? Technically, AP and EAD would get invalid too if this happens.

 

Thank you for correcting me !

I thought about this indeed and that would be even worse than being denied . Initially I was thinking that the chance of this happening were pretty low since my case has been moving slowly and the current estimate stands at 10 months. But I guess you can never really know for sure. Nonetheless I’m still on the fence , even though I’m more leaning towards not traveling to play it safe . 

TBoneTX Grand Master

TBoneTX   47,601

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Filed: Citizen (apr) Country: Ecuador
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When risk-control is in your hands, you must decide what risk you can abide taking.  The Federal government has unlimited time and resources to make our lives miserable.  Do you really want to risk that attention being focused on you?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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