alexjrice

Hi all,

I came to the US from the UK under the VWP 27th May '08. I married a USC end of July and filed for AOS after about 120 days of overstay. I have recieved my work permit, advance parole etc and our interview is scheduled for June 30th '09.

Unfortunately we're splitting up with no prospect of getting back together. We are no longer living together but are not presently divorced.

I have a decent job here and would like to know how long I can stay before I am put into removal proceedings. I realize I have already incurred a 10y ban and would like to avoid a lifetime ban.

I already have a lawyer who I will consult with in due course but as it is an unusual situation I'd really appreciate any input

adjudicator89

Sorry to say that but your options are 0, nada, nothing. Well yes , one option is to work on your marriage. But if you guys break up before your AOS interview and you go to the interview without your spouse that is automatic DENIAL and you will be put in removal proceedings. Nothing you or your attorney can do.

alexjrice

Is it possible to postpone the interview date?

Presumably no-show results in removal as well.

adjudicator89

You can try to call and ak for different date if available. But seriously , you guys either try to get back together or there is nothing that can be done. Sorry to hear that. And another thing, I am surprise they issued you advance parol since you overstayed. My attorney said to me not to never leave the USA even if they issue AP, cause since you overstayed ,you won't be allowed back in. Just wait for your GC.

Just Jenney

If someone puts an application in for AP, then they'll basically grant one. It's up to the applicant to know whether or not s/he is eligible to use it.

~ Jenney

Just Jenney

If your marriage is irretrievably broken down, then it's pointless for you to postpone the interview because you no longer have any basis for adjusting status.

So what you're really asking is, "How long can I live in the States as an illegal alien without getting caught?"

~ Jenney

adjudicator89

Well said Jenney&Mark. Maybe he wants to change the date so they can get back together and save their marriage.

meauxna

milan, the opening post says "no prospect of getting back together".

I agree with Jenney's conclusion.

I don't think a person who wants himself to get into removal proceedings must even know what that entails.
This is why some people like to use the VWP Express; and why it should be eliminated IMO. Maybe that IS the 'elusive boyfriend/girlfriend visa'. They got to hang out and play house for a year (well not even quite that).

adjudicator89

Thanks for the reminder meauxna LOL.

alexjrice

I agree, I think the VWP -> AOS loophole should be closed because if nothing else it puts such an immense strain on the relationship that it's pretty much bound to fail.

It seems like the romantic option at the time but it's really just a recipe for disaster. The risks outweigh the rewards.

I'm really just looking for a little more time to tidy up my affairs, I already have a 10y ban so a longer VWP overstay makes no difference. I have a work permit that will not be revoked until the interview date (I presume) so postponing it seems like it would be an advantage.

If I have AOS pending am I still considered an illegal alien?

ian-mstm

With all due respect, the "VWP -> AOS loophole" did not cause your situation... you did that yourself.


Really? Why do you believe that? Once your AOS application was accepted (as evidenced by your receipt), the clock *may* have stopped on your overstay. There was certainly no ban up to the date you filed.


No, you're not. You are considered to be lawfully present "under color of law".

Ian

Just Jenney

If I'm not mistaken, the 10-year ban kicks in once you've been out of status for a full year. You've only been here since Mary 27, 2008, which was under a year ago. So at this point you're still only facing a 3-year ban. (If I'm wrong, someone will be along shortly to correct me.)

As for postponing the interview, I think that's playing with fire. Your AOS application is dead in the water. Do you plan to try to postpone it indefinitely? How do you plan to do that without lying to USCIS?

~ Jenney

adjudicator89

I think you should just volunterely leave than being deported. may I ask why you guys broke up?

PepsiChic

I dont think that has anything to do with his questions and is prying into his private life.

ian-mstm

I agree... not everything is important or related. The "why" in this case is irrelevant.

Ian