Tony

Andy,

I read this on another message board:

"Note that as of day 91 after entering on a K-1, you are out of status if
you have not filed for AOS. However, the three year ban does not trigger
until day 271 so you would have had to file very late for that to happen."

That was your quote, and I hope it still holds true. I mentioned a few posts
downstream that her I-94 expired on December 10. We were married Nov. 28, I
sent the first AOS package sometime in May. It was subsequently returned
twice, the first time because she failed to sign the G-325, the second time
because there was no check for fingerprinting. They issued her AP and her
EAD subsequently. Does this mean that she will not be barred, since we in
fact sent the AOS in May (less than 180 days) even though the date on the
receipt notice is 7/0/02 - which would put her out of status for more than
180 days but way less than 270 ? If you could point me to the releveant
statute I'd like to read it. I am just about to go crazy here... I'm about
to get on a plane and do a 58 hour turnaround just to fly back with
her...Any more advice appreciated...

You also mentioned getting another attorney -- I might add that my attorney
handled the initial K1 stuff, I did the AOS (thus the mistakes I imagine).
She told me to just hope that they didn't catch it, or that my wife could
file for a waiver. Any more clarification would probably lower my blood
pressure considerably, and I might actually sleep tonight. Who would you
recommend, and what could he/she do for me at this point ?

Thanks,

Gregg

Tony

And what about this, it comes from the web page of an immigration law
firm...

Aliens in the United States may apply for Advance Parole if they have:

an application for adjustment of status pending;
been admitted as a refugee or have been granted asylum;
been granted benefits under the Family Unity Program;
been granted Temporary Protected Status;
an asylum application pending; and/or
an emergent personal or bona fide reason to travel temporarily abroad.

Aliens in the United States are not eligible for Advance Parole if they are:

in the United States without a valid immigration status;
an exchange alien subject to the foreign residence requirement;
the beneficiary of a private bill; or
under removal proceedings.


By this logic, if she were granted the advance parole, then she must have
been in the US with a valid immigration status.... Is that necessarily the
case ?



"Tony" wrote in message
news:[email protected]...
    > Andy,
    > I read this on another message board:
    > "Note that as of day 91 after entering on a K-1, you are out of status if
    > you have not filed for AOS. However, the three year ban does not trigger
    > until day 271 so you would have had to file very late for that to happen."
    > That was your quote, and I hope it still holds true. I mentioned a few
posts
    > downstream that her I-94 expired on December 10. We were married Nov. 28,
I
    > sent the first AOS package sometime in May. It was subsequently returned
    > twice, the first time because she failed to sign the G-325, the second
time
    > because there was no check for fingerprinting. They issued her AP and her
    > EAD subsequently. Does this mean that she will not be barred, since we in
    > fact sent the AOS in May (less than 180 days) even though the date on the
    > receipt notice is 7/0/02 - which would put her out of status for more than
    > 180 days but way less than 270 ? If you could point me to the releveant
    > statute I'd like to read it. I am just about to go crazy here... I'm about
    > to get on a plane and do a 58 hour turnaround just to fly back with
    > her...Any more advice appreciated...
    > You also mentioned getting another attorney -- I might add that my
attorney
    > handled the initial K1 stuff, I did the AOS (thus the mistakes I imagine).
    > She told me to just hope that they didn't catch it, or that my wife could
    > file for a waiver. Any more clarification would probably lower my blood
    > pressure considerably, and I might actually sleep tonight. Who would you
    > recommend, and what could he/she do for me at this point ?
    > Thanks,
    > Gregg

Andy Platt

"Tony" wrote in message
news:[email protected]...
    > Andy,
    > I read this on another message board:
    > "Note that as of day 91 after entering on a K-1, you are out of status if
    > you have not filed for AOS. However, the three year ban does not trigger
    > until day 271 so you would have had to file very late for that to happen."

That's correct. However, she entered on 9/7/01 so the 271st day appeared
sometime in June and the receipt date isn't till July. Like I said, the
issue for me is whether the clock stopped with the initial filing or their
receipt date. I'm afraid I can't answer that question. Others have given
their views, perhaps some more will chip in. Until then, unfortunately, I
have little to add

Andy.

--
I'm not really here - it's just your warped imagination.