AP and the "grace" period

[anigma27]

HI All

When my turist visa expired, I was on a "grace' period, I believe I have right information about that. So I guess I was not illegal yet?????
During that grace period, I got married to USC. Now my I-485 is still pending.

Someone told I have to be carefull with AP, that I have to make sure I was legally all the time.

Can I apply for AP.

Good luck to all

 

[GotPR?]

As you married to US citizen, your overstay(I did not know that B visa has grace period ,. Are you sure ?) is forgiven. But if your overstay was more than 180days, you can not travel(you can travel, but can not reenter the US even with AP).
You can apply for AP as long as your I485 is pending.

 

[anigma27]

Thank you for your reply.

Yes, I am not sure if B-2 has grace period. If not, and if I overstayed less then 180 days is forgiven????.

ARE YOU SURE???. Plus, I believe that before they aprove my AP, they will/have to look into it, right???

Thank you again

 

[GotPR?]

Unless you smuggled into the US, your overstay is forgiven by marrying to the US citizen and filing AOS based on marriage. It doesn't matter if more than 180 days or less. You should thank to your USC spouse.
But if your overstay is more than 180 days, you can NOT leave the US until your gets Greencard. If you did left before GC, you can not come back to the US for a while(3 years or 10 years depending on your overstay).

 

[anigma27]

Great, I overstay just few days, or weeks, so no problem then.

Thank you. I wish my lawyer told me that I don't really need emergency to aply for AP.

Thank you to this Forum, for a lot of good informations.

Good Luck to all