Vwp--help

R

robyn_oli

Registered Users (C)
HI All,
I have a quick question I was hoping someone could answer for me.
I came to US on VWP and while I was here I marred a US citizen.
I have applied for all the correct visa papers while being here. I have just recieved my advance parole and was hoping to travel home very shortly.
I am scared to travel home, even with my AP because I originally came here on VWP.

I really don't know what to do, does anyone have a similar expierence they can share?

thanks :)
 
You have nothing to worry on traveling with AP if you didn't overstay here before filing AOS. But if you have overstayed then do not depart from the United States even though you have an approved AP. You will be get back into the US with AP, but then your AOS will be denied because of departing from the US after being overstaying here before filing AOS.


robyn_oli said:
HI All,
I have a quick question I was hoping someone could answer for me.
I came to US on VWP and while I was here I marred a US citizen.
I have applied for all the correct visa papers while being here. I have just recieved my advance parole and was hoping to travel home very shortly.
I am scared to travel home, even with my AP because I originally came here on VWP.

I really don't know what to do, does anyone have a similar expierence they can share?

thanks :)
Click to expand...
 
JohnnyCash said:
You have nothing to worry on traveling with AP if you didn't overstay here before filing AOS. But if you have overstayed then do not depart from the United States even though you have an approved AP. You will be get back into the US with AP, but then your AOS will be denied because of departing from the US after being overstaying here before filing AOS.
Click to expand...

If he overstayed for more than 180 days that is. He'd be subject to the bars...

Other than that he should be fine. For as long as he understands that AP does not guarantee entry to the USA... and that his case will probably be questioned by USCIS... a marriage within 90 days of entering the USA prompts the doubt of "fraud/misrepresentation" at the POE.
 
Thanks so much.
I did not overstay, but there was a 5 day period where I was out of status while my application was sending to Chicago, do you think that will be a problem?
 
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