Verrou

There’s always a risk. I just don’t know the extend of percentage of it. And overstay (not illegally since you came with Esta) is forgiven when you married US citizen. 
 
once you overstay, your ESTA most likely gone forever. And you have to think about : 
1. You can’t work
2. you can’t leave US 
3. you can’t drive 
for a while until you get ur EAD/AP (at least) 
 
something to think about. Everyone has different priorities. 
 
can’t tell you if it’s worth it to overstay or not because I’m not you. 

wait till you have your marriage certificate (not license) in hand + some joint evidences to avoid RFE for example : 3 months bank statements + added in insurance if possible. There’s more list of bonafide marriage evidence. I personally rather filed once in 1 go with great evidences than send it with bare minimum 
 
I’m not clear about EAD question. You can only file for EAD if you file for I-485

list all the addresses where u live start from the date of ur LPR start

I understand. Addresses and jobs always from current to go back when we filing up the form. But OP confused about the start date and not the current 

list all the addresses where u live start from the date of ur LPR start

list all the addresses where u live start from the date of ur LPR start

its unrelated with the case number. 
it really like roll the dice and got pick up by the officer or not. 
 
i helped 5 people filing AOS between september 23 - Jan 2024
1. filed Sep 2023, got EAD in 30 days, approved GC in 70 days - Nov 23. B2 overstayed for 5 years
2. filed Oct 2023, crickets ( no EAD) adjust from EB-2
3. filed Oct 2023, crickets(no EAD) adjust from b2-asylum-removal proceeding terminated
4. filed Nov 2023, biometric Feb 2024 ( dont know why appointment it's late), 2 weeks later, Feb 2024 EAD produced - adjust from J1 overstayed for 4 years.
5. filed Jan 2024, crickets, no EAD even after biometric. adjust from B2 overstay 5 years
 
obviously the number is just an ongoing number, unrelated with approval. 
but i noticed, the people ( that i helped) that adjust from B2 overstay, got their EAD/GC faster compare to people that has "past" immigration history. i.e : asylum, EB2 etc
 

its unrelated with the case number. 
it really like roll the dice and got pick up by the officer or not. 
 
i helped 5 people filing AOS between september 23 - Jan 2024
1. filed Sep 2023, got EAD in 30 days, approved GC in 70 days - Nov 23. B2 overstayed for 5 years
2. filed Oct 2023, crickets ( no EAD) adjust from EB-2
3. filed Oct 2023, crickets(no EAD) adjust from b2-asylum-removal proceeding terminated
4. filed Nov 2023, biometric Feb 2024 ( dont know why appointment it's late), 2 weeks later, Feb 2024 EAD produced - adjust from J1 overstayed for 4 years.
5. filed Jan 2024, crickets, no EAD even after biometric. adjust from B2 overstay 5 years
 
obviously the number is just an ongoing number, unrelated with approval. 
but i noticed, the people ( that i helped) that adjust from B2 overstay, got their EAD/GC faster compare to people that has "past" immigration history. i.e : asylum, EB2 etc
 

its unrelated with the case number. 
it really like roll the dice and got pick up by the officer or not. 
 
i helped 5 people filing AOS between september 23 - Jan 2024
1. filed Sep 2023, got EAD in 30 days, approved GC in 70 days - Nov 23. B2 overstayed for 5 years
2. filed Oct 2023, crickets ( no EAD) adjust from EB-2
3. filed Oct 2023, crickets(no EAD) adjust from b2-asylum-removal proceeding terminated
4. filed Nov 2023, biometric Feb 2024 ( dont know why appointment it's late), 2 weeks later, Feb 2024 EAD produced - adjust from J1 overstayed for 4 years.
5. filed Jan 2024, crickets, no EAD even after biometric. adjust from B2 overstay 5 years
 
obviously the number is just an ongoing number, unrelated with approval. 
but i noticed, the people ( that i helped) that adjust from B2 overstay, got their EAD/GC faster compare to people that has "past" immigration history. i.e : asylum, EB2 etc
 

its unrelated with the case number. 
it really like roll the dice and got pick up by the officer or not. 
 
i helped 5 people filing AOS between september 23 - Jan 2024
1. filed Sep 2023, got EAD in 30 days, approved GC in 70 days - Nov 23. B2 overstayed for 5 years
2. filed Oct 2023, crickets ( no EAD) adjust from EB-2
3. filed Oct 2023, crickets(no EAD) adjust from b2-asylum-removal proceeding terminated
4. filed Nov 2023, biometric Feb 2024 ( dont know why appointment it's late), 2 weeks later, Feb 2024 EAD produced - adjust from J1 overstayed for 4 years.
5. filed Jan 2024, crickets, no EAD even after biometric. adjust from B2 overstay 5 years
 
obviously the number is just an ongoing number, unrelated with approval. 
but i noticed, the people ( that i helped) that adjust from B2 overstay, got their EAD/GC faster compare to people that has "past" immigration history. i.e : asylum, EB2 etc
 

I'd also be curious about the case number.

I don't think it depends on the case number though. Every case and location are different

USPS = left
everything else = right

Hi Nick0128,
 
YES! I had the exact same situation as you and now I have my green card!!  DM me so I could share my experience to you. I entered US through K1 visa, had problems with my marriage and later divorced, and met my 2nd husband (also a USC). So the answer is yes, there's definitely a way to fix your status because I just did mine!
 
Step 1: I recommend you hiring an attorney because the situation/process is complex, although you can still diy it no problem to save a lot of money! I paid my attorney 15k start to finish, and they handled everything. 
 
Step 2: The attorney or yourself will need to file an I-130 ( petition for an alien relative). YOU CANNOT DO i485 (adjustment of status), due to the nature of our visa when we entered the US. My I-130 approval came in only 1 month after filing, which is really unheard of! But usual process takes about atleast a year or more for this stage. YOU NEED to get i-130 approved before you can apply for the waiver. 
 
Step 3: Decide which waiver you wanna do. There's 2 types of waivers, #1 is the i-601 A  waiver - meaning you'll stay in the US till you get the approval before you go home. Because of covid delays, unfortunately it runs about 3-4 years to get the waiver approved.
#2 is the i-601 waiver- meaning you'll go home and do the consular interview knowing that you'll get refused because you would trigger the 3 or 10 year ban. I wouldn't recommend this because getting a waiver approved whichever you choose is hard to get approved. You'll have to show "extreme hardship" for your USC spouse.  That's why it's best to do the i-601a while still in the US to see if you can even get the waiver approved. 
 
Step 4: Once the i-130 is approved and the i-601a waiver is approved then you'll have to go back to your home country for the interview. If your interview gets approved then you'll get your visa to fly back to the US and get your 10 year GC. 
 
Don't hesitate to reach out to me, when I started my process I couldn't find anyone who was in the same boat or atleast know someone who went through the process. So I'd be more than happy to share with you my journey!  
 
 

 
 
 
 
 
 
 

my marriage certificate reflected old one because i still lived there at that time, 3 days later i moved to another states. 
married is married. you are allow to move around and didnt change marriage certificate all the time. ( it's not state ID or DL)

How long do you want to be separated?  
 
Traveling without his Advance Parole, he will not be able to travel back to the US.  

More info needed. Why exactly was it denied? Joint filing, or waiver filing? Did you have an interview? Did you gave an RFE? Were there any accusations? Or was simply it for lack of evidence? Help us to help you.
 
Regardless, you have legal rights, and remain a permanent resident. Yes, you can refile, and yes you can travel once you have (see my extensive signature as proof, i have filed several of the things to date).
Right now, from the date of denial, it will be on a 45 day hold, so would suggest you get it refiled within 45 days to minimise the potential for an NTA heading your way quickly. 
 
 
Once you refile, it is much the same as before: they will cash your cheque or charge your card within a couple of days of it arriving. You will receive email/text notification the day after that. You will receive your biometrics appointment/waiver after a week or two, and your new extension letter/receipt will arrive in the mail in a similar sort of timeframe.
 
Your new extension letter is valid for four years from the date of expiry of your card (not from the issue date of the letter), so if you card expired less than four years ago (you don't have a timeline as your sig so I have no idea when you filed), you are good to travel immediately, as long as you return within that validity.
If not, then you need to make an infopass for an I-551 stamp, which will be annotated TC-1 (so agents will know it is a refile), and you will require a short visit to secondary every time you re-enter the US to verify your status.
You will be stamped in as LPR or ARC - both are admitted as permanent resident, and not paroled. 
I would not recommend travelling using the existing stamp you have, as it will have the old receipt number notation on it (although note that I have been told by numerous USCIS people I would be ok to do so), so in my mind - and exactly what I have done each time - it is far better to get a fresh stamp, with the new receipt number annotation for any avoidance of doubt. 
 
If you do nothing, an NTA might eventually appear, probably in a few years.
Legally, you are also entitled to a stamp during this entire period even without a refile, as clarified in case law.  However, if you do travel without a refile, you run the risk that you may be paroled back in rather than admitted as a LPR. Info on the actualities and real world examples are very, very thin, and also legally conflicting in multiple places so my advice is just to not do that, by refiling.  
Regardless of admitted or paroled in, you would be in the county, as you are entitled to a hearing with an immigration judge, and you remain a permanent resident until an immigration judge says otherwise with a final order of removal. 
 
 
 
 
 
 
 

- What do you mean by buying time?
- Once again, what was the reason for denial? Alleged fraud? Something else?
- Why is the travel important right now, why not focus on immigration status you're losing?
 
Tell us more and we can help. Tell us less and we can't help, because vague descriptions don't allow us to establish a fact pattern.
 

I would never advice travelling until you sort out your immigration status.
 
The likelihood of getting E1/E2 or B1/B2 after losing LPR status is very small.
 
What was the basis for denial?

@pushbrk I appreciate your quick reply and clarification; however, I want to respectfully say that the condescending tone you took with me and to other users to whom you respond is unnecessary and unhelpful.  We come here for advice, and just because you feel as though we are asking something that is "clearly stated" that doesn't warrant the tone.  If the instructions on these forms were "clearly stated", there would be a lot fewer immigration forums and how to videos on these forms on YouTube.  I am a degreed professional.  I understand how to read instructions.  If I felt as though the instructions "clearly" stated something, I would not have asked a question.  I am submitting the I-864 to prove "I" can support my immigrant wife, so when I am asked for "MY" income I take that literally.  Clear instruction would simply say "Enter the total income....on your Federal income tax returns..." .
 
We are all navigating a complicated process that leaves little wiggle room for error and those errors cost us time.  We come to this forum to ask questions and get the helpful advice to avoid the pitfalls that delay or even halt our journey.  
 
Again, I really do appreciate your answers and clarification.

type in this order when u open the chat ( ignore the question)
1. info pass
2. live agent
3. live agent
 
it will connect you to live agent

i read the RFE and theres' nothing mentioning about expired GC at all. OP can u just post the whole thing and not leaving page by page? just blurr ur personal info. 

It doesn’t affect any immigration status. But when you filed for FOIA, USCIS will take out ur submission / application from the queue / line so they can prepare the FOIA that u request. I personally didn’t file FOIA until I got my GC last year. Once all my case are done, I filed FOIA in June 2023 and got the result back in 6 weeks 

It doesn’t affect any immigration status. But when you filed for FOIA, USCIS will take out ur submission / application from the queue / line so they can prepare the FOIA that u request. I personally didn’t file FOIA until I got my GC last year. Once all my case are done, I filed FOIA in June 2023 and got the result back in 6 weeks 

type in this order when u open the chat ( ignore the question)
1. info pass
2. live agent
3. live agent
 
it will connect you to live agent