Married someone in the US on a Travel Visa (i-94) which is expiring

[wthomas 0]

I got married last month to my girlfriend who has been in the US on a travel visa since Sept 2006. She extended it in March 2007 and it expires the end of August 2007. We have submitted the I-130 , I-131 and the I-485 forms but are awaiting contact back from USCIS. We are under the impression that since we are married she is legal to stay here beyond the August 30 expiration of her Travel Visa, but want to make certain. Please advise

[Dr_LHA 3]

I got married last month to my girlfriend who has been in the US on a travel visa since Sept 2006. She extended it in March 2007 and it expires the end of August 2007. We have submitted the I-130 , I-131 and the I-485 forms but are awaiting contact back from USCIS. We are under the impression that since we are married she is legal to stay here beyond the August 30 expiration of her Travel Visa, but want to make certain. Please advise

That is correct, as she filed I-485 her status is now "pending AOS" so she is legally present in the USA.

[wthomas 0]

I got married last month to my girlfriend who has been in the US on a travel visa since Sept 2006. She extended it in March 2007 and it expires the end of August 2007. We have submitted the I-130 , I-131 and the I-485 forms but are awaiting contact back from USCIS. We are under the impression that since we are married she is legal to stay here beyond the August 30 expiration of her Travel Visa, but want to make certain. Please advise

That is correct, as she filed I-485 her status is now "pending AOS" so she is legally present in the USA.

Thanks so much... Haven't received any confirmation from USCIS after about three weeks since submission of forms...should I be concerned?

[rooster 1]

Just so she doesn't leave the US until the AOS is done. Unless she has AP (not sure if she can get this?) they will not let her back in the US. You would then have to file for K-3 or some other form of visa.

[wthomas 0]

Just so she doesn't leave the US until the AOS is done. Unless she has AP (not sure if she can get this?) they will not let her back in the US. You would then have to file for K-3 or some other form of visa.

I've filed for AP (I-131) as well in parallel to I-130 and I-485 but nothing yet. If we don't receive anything soon, is there a way to be proactive? I've been checking my account to see if the checks have cleared, but nothing as of yet. It has been about 2.5 weeks, from redaing posts right about this timeframe is when people get their # from USCIS from what I can tell..

Thnx for the confirmation of the rules, trying to do everything orderly...

What if for some reason her visa expires, but she is denied on the forms let's say in the first week of September, would that make her 'illegal' or would she have a grace period to leave the US legally? Can't think of a reason she'd have an issue, but don't want her to get stuck outside of the US for obvious reasons...

[Kez/JWolf 6]

There is a back log of application because of the fee increase that took place on July 30th... there are many many people who like you are still waiting....

She will not get a decision about her AOS by Sept... it will take a few months. Do you have any reason to think she will be denied??? there are quite a few of us on VJ that have done AOS from a tourist visa/VWP and we have had no problems... if you have any real worries about a denial then you should talk to an immigration lawyer before you go to the AOS interview...

Kez

[rooster 1]

Just so she doesn't leave the US until the AOS is done. Unless she has AP (not sure if she can get this?) they will not let her back in the US. You would then have to file for K-3 or some other form of visa.

I've filed for AP (I-131) as well in parallel to I-130 and I-485 but nothing yet. If we don't receive anything soon, is there a way to be proactive? I've been checking my account to see if the checks have cleared, but nothing as of yet. It has been about 2.5 weeks, from redaing posts right about this timeframe is when people get their # from USCIS from what I can tell..

Thnx for the confirmation of the rules, trying to do everything orderly...

What if for some reason her visa expires, but she is denied on the forms let's say in the first week of September, would that make her 'illegal' or would she have a grace period to leave the US legally? Can't think of a reason she'd have an issue, but don't want her to get stuck outside of the US for obvious reasons...

Depending on the basis of denial, you could have the option of appealing thier decision. You would have to have evidence disputing thier findings. As I understand it, in the past they would give you an RFE for lack of information, but, now they can actually just deny you for the lack of information. I believe that you can resubmit with the proper evidence at that time. Yodrak could possibly elaborate a bit more or correct me if I am wrong.

[wthomas 0]

There is a back log of application because of the fee increase that took place on July 30th... there are many many people who like you are still waiting....

She will not get a decision about her AOS by Sept... it will take a few months. Do you have any reason to think she will be denied??? there are quite a few of us on VJ that have done AOS from a tourist visa/VWP and we have had no problems... if you have any real worries about a denial then you should talk to an immigration lawyer before you go to the AOS interview...

Kez

Kez,

I'm not really concerned about denial, just being practical. She wants to go visit her mother in Korea, bu tI told her to wait until it was 'legal' to do so, meaning that her AOS was received and pending. I've also filed the I-131 (for her) so that she can travel while in that 'state of flux'. I put a date of September 12th (i think) on that form with the hope of getting things processed in time for her to visit Korea (hasn't seen family in a year).

I just don't want Sept 2007 to roll around, her 1-84 visa having just expired on 8-30-07 and find out that if she leaves for Korea, she will be denied return access to the US bc I/we didn't do something correctly. I'm under the impression that is she is in 'pending AOS status' and has also filed for Advanced Parole (I-131) concurrently, she should be able to go to Korea and come back in October when she's ready.

thoughts?

[Kez/JWolf 6]

She can not leave the US before she has the actual advanced parole in her hand... if she does then she will have abandoned her AOS and will be denied re-entry... you would then have to file a K3 or CR1 for her to be able to return.....

The AP will take at least 90 days on average so the chances of her having it in her hand for Sept are zero...

Kez

[wthomas 0]

She can not leave the US before she has the actual advanced parole in her hand... if she does then she will have abandoned her AOS and will be denied re-entry... you would then have to file a K3 or CR1 for her to be able to return.....

The AP will take at least 90 days on average so the chances of her having it in her hand for Sept are zero...

Kez

Kez,

Just to reiterate and make sure I understand. I was married on 7-7-07. Is it true that there is no way for her or us to travel outside the US until the AP is in hand? Her I-94 would immediately expire upon her leaving the US, so I submitted the AP (I-131) with the I-485 as it seemed that was the best measure to travel while things were being processed. If the AP takes 90 days that would mean she is 'stuck' here until then? It seems illogical that a non-immigrant here legally, who gets married wouldn't be able to travel for a honeymoon if so desired (outside the US of course).

One of the reasons we married this trip to the US was to get this paperwork in order, but didn't realize it would 'handcuff' her to staying her until AP is in hand. I heard about 'abandoning the AOS' which is the reason for the AP submission in this case, but if you have to wait 90 days for the AP, wont the AOS potentially be processed by then? Or close to it, which means the AP doesn't by you much.

I really appreciate your feedback and btw, I love Scotland!!!

[wthomas 0]

I found this too....conflicts with previous posts:

Advance Parole

If you have applied for immigration benefits, you may need Advance Parole to be able to return to the United States if you travel abroad. It may be sought by, but not limited to, asylum applicants, parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status. Advance Parole may be given at the discretion of the District Director or the Service Center Director having jurisdiction over your place of residence. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)

Advance parole may also be sought by people who need to travel to the United States temporarily for a humanitarian emergency. Advance parole cannot be used to avoid normal visa issuing procedures or processing delays. Someone in the United States may file such an Advance Parole application for you, or you may file for yourself

We have submitted for AP...if I understand the above information, applying for AP before you leave the US is all you need to do. Once the paperwork is processed perhaps it can be sent to to her abroad for return?

[athena_ny 1]

I found this too....conflicts with previous posts:

Advance Parole

If you have applied for immigration benefits, you may need Advance Parole to be able to return to the United States if you travel abroad. It may be sought by, but not limited to, asylum applicants, parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status. Advance Parole may be given at the discretion of the District Director or the Service Center Director having jurisdiction over your place of residence. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)

Advance parole may also be sought by people who need to travel to the United States temporarily for a humanitarian emergency. Advance parole cannot be used to avoid normal visa issuing procedures or processing delays. Someone in the United States may file such an Advance Parole application for you, or you may file for yourself

We have submitted for AP...if I understand the above information, applying for AP before you leave the US is all you need to do. Once the paperwork is processed perhaps it can be sent to to her abroad for return?

No. She needs it before she leaves.

[bora bora 1]

I found this too....conflicts with previous posts:

Advance Parole

If you have applied for immigration benefits, you may need Advance Parole to be able to return to the United States if you travel abroad. It may be sought by, but not limited to, asylum applicants, parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status. Advance Parole may be given at the discretion of the District Director or the Service Center Director having jurisdiction over your place of residence. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)

Advance parole may also be sought by people who need to travel to the United States temporarily for a humanitarian emergency. Advance parole cannot be used to avoid normal visa issuing procedures or processing delays. Someone in the United States may file such an Advance Parole application for you, or you may file for yourself

We have submitted for AP...if I understand the above information, applying for AP before you leave the US is all you need to do. Once the paperwork is processed perhaps it can be sent to to her abroad for return?

No. She needs it before she leaves.

Correct

[wthomas 0]

In a parallel post, I've been told it may be possible to expedite the AP processing with an InfoPass appt. I've just scheduled one for August 27th in NYC to see what I can shake loose.

Has anyone had this experience? Anyone get an Advanced Parole expedited while waiting for I-485 documentation approval?

[kim&james 0]

In a parallel post, I've been told it may be possible to expedite the AP processing with an InfoPass appt. I've just scheduled one for August 27th in NYC to see what I can shake loose.

Has anyone had this experience? Anyone get an Advanced Parole expedited while waiting for I-485 documentation approval?

Usually advance parole is only given in life and death situations and usually proof in the form of medical evidence or death certificate is needed.