overstayed B2,married, need AP - please HELP!!!

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ania_s

Registered Users (C)
overstayed B2, married, need AP-Please HELP!!!

Here is my case,

I came here as a visitor, after half a year I applied for extension and I got approved. My I-94 expired on July 31, 2004. I got married on January 29, 2005.
I know about "180-days rule. My marriage was withing six months after my I-94 expired, but I filed the adjustment after 6 months. I would like to apply for AP (havn't seen my family in almost 2 years!) but I am affraid that I will be considered as an inadmisable. What's more- that even if I would get AP and leave US with my husband I will be ban for 3 years from coming back here.
Is there any way to waive the 6months rule in my case? Does the fact that we got married withing 6 months after I-94 expired matter? (removing fact that I shouldn't get married on B2)
I do have a feeling that it doesn't matter and I won't be able to travel but I would be really greateful for any info.
 
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If i was you I would wait until you get a least the stamp in the passport.(I-551 if not mistaken).

No ofense but 2 year of wait is nothing in America. Some people wait 10 to 15 years (different processs) before they are able to see their family.

Just take easy and wait.
 
Thank you for your advice. I do know that people wait for a long time before they go home. The only thing is that my mother is quite sick and I would really like to visit her. But oh well USCIS doesn't really care, and in all this I broke the law, right? :(
 
you did break the law, and you will be inadmissable for 3 years. I am sorry. The date of your marriage is irrelevant. Only the date on which USCIS received your AOS application is important, and unfortunately for you it was a bit too late (over 180 days).
 
What about a waiver? Is it possible to use form I-601 to change my case? If yes, could it have consequences and additional questions from USCIS?
 
HI
You should under no circumstances leave until you get a stamp on your passport OR get the actual card. I am in a similar situation. You have to be patient.
FIling for waiver might not help as they have grounds to do not let you in again or do deny any application of waiver.
Just be patient and hope for an early response and approval on your case. Which D/O did you apply thru?
Good Luck!!
 
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