mumof4

We're leaving the US next month and I'm planning to send a letter withdrawing all my AOS application before my interview date in July. I have just received my travel permit, so I should have no problems leaving the country even on a one-way ticket.
My question is this: my best friend just told me she plans to get married to her boyfriend in the next year, do I have to now apply for a tourist visa to come back in, or can I re-use the VWP since I'll have proper travel documents when I leave the country? I still have the I-94 in my passport. I had thought I would just not come back for 3 years, but I don't want to miss this wedding....is it just easier all round to apply for a B-1?
many thanks

Noorah101

You don't need the travel permit to leave the USA at all. The travel permit is what would have gotten you back inside the USA if you were continuing your AOS.

Having had the travel permit doesn't make any difference at all if you're not continuing on with AOS. I can't remember your details, did you overstay the VWP at all? If so, then you'll need a B-1. If you overstayed 180 days, you might be facing a ban from returning to the USA at all...but I dont' remember your specific details right now.

Rene

Noorah101

I should point out for others here that the travel permit referred to is the Advance Parole document one receives when applying for AOS.

Rene

mumof4

thanks for the clarification. I did overstay the VWP, doesn't the travel document count for anything? The VWP expired in Nov 07, so I'm well past the 180 days.

Noorah101

The travel document counts for nothing, unless you are using it to re-enter the USA to continue your AOS processing. Since you are abandoning the AOS, you are also abandoning your AP (travel document).

Now one of the biggest questions we've never had an answer to is: Does your overstay count as an overstay even though you had an AOS in the system, but didn't complete the AOS process. No one seems to know the answer to this one.

My own opinion is that AOS only protects your overstay if you complete the AOS and get your green card. If you don't complete the AOS, you were overstaying all that time. But, I"m a layman and I don't know the law...that's just my guess and my opinion. You might want to consult with an attorney on that one.

Rene

Noorah101

Were you already in an overstay situation when you filed the AOS package?

Rene

mumof4

I filed within 90 days of entering if that's what you're asking. does it make a difference?

Noorah101

It might, if you are considered "safe" all the time you AOS is pending, even if you don't follow through with finishing the AOS process. That's the part I don't know and no one else seems to know, either.

It would mean is that then you weren't considered an overstay and could use the VWP again in the future. But again, I don't know for sure if that's the case. Best to ask an immigration attorney this very specific question.

Rene

MsElui

i dont mean to be rude - but isnt this the very exact situation they tried to warn you about when you first asked your original question on here? People gave advice to try and safeguard the possibility you might come back for some reason.

scrubbedexpat099

Sounds like its close to the ban, not that it probably matters that much.

You would need to apply for a B2, you can never use the the VWP, and the chances of getting one are slim, very slim.

No harm in trying, just the fee, and if you have a ban then you can also apply for a waiver, you might be lucky, depends on how complelling tha case is and how lucky you are.

mumof4

do you mean the chances of getting the B2 would be slim? Why?
And how would I apply for waiving the ban? Would a friend's wedding be reason enough or do I have to make her a relative?

Noorah101

How can you make your friend your relative?

Noorah101

The I-94 will be removed from your passport when you leave the USA next month, I belive.

Rene

mumof4

I could adopt her?

scrubbedexpat099

Your overstay/ban comes to mind.

Can not remember the form number off hand, the Embassy will know.

That would be the Embassy call, life threatening condition that could be only treated in the US would be a better bet.