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Immigration
Advance Parole
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AOS TImeline and my Advance Parole (overstayed)
Hi everyone,
First, please see my timeline below,
1. OPT expired on 07/28/2017 (From F-1 status)
2. Got married 09/22/2017
3. Applied for the AOS on 01/26/2018
4. Got my Advance parole and combo card on August, 2018.
As you can see, I have some period since my OPT is expired till I applied for my greencard. (It was stupid for me I didn't do right away but I had a personal reason...)
I'm wondering when did I start become out of status (illegal), is it right after my OPT expired? or should I add 60 days grace period more?
(If my overstay starts counting from the moment my OPT expired to my AOS apply date (1/26/2018) then it's 182 days till I apply for my greencard, however if it starts counting from when my grace period is over ,which is 9/26/2017, then I only overstayed for 122 days.
Another assumption, since I got married on 9/22/2017, Am I not considered as an overstayed status from the moment I got married? I know all this shouldn't mattered if I applied right away after the marriage but..
I'm planning to travel back to my country for 2 weeks soon and I thought I had no problem, and all of sudden my friend told me it might not be safe for me to travel, because from my opt visa expired to my AOS application date has been over 180 days(182days) and I shouldn't risk it.
I haven't been back to my country over 3 years since I was in college and seeing a lot of people here have succefully traveled back and forth give me some hope.. but I don't see anyone who was in the same situation like me.. Anyone knows how the timeline for counting overstay works??
First, please see my timeline below,
1. OPT expired on 07/28/2017 (From F-1 status)
2. Got married 09/22/2017
3. Applied for the AOS on 01/26/2018
4. Got my Advance parole and combo card on August, 2018.
As you can see, I have some period since my OPT is expired till I applied for my greencard. (It was stupid for me I didn't do right away but I had a personal reason...)
I'm wondering when did I start become out of status (illegal), is it right after my OPT expired? or should I add 60 days grace period more?
(If my overstay starts counting from the moment my OPT expired to my AOS apply date (1/26/2018) then it's 182 days till I apply for my greencard, however if it starts counting from when my grace period is over ,which is 9/26/2017, then I only overstayed for 122 days.
Another assumption, since I got married on 9/22/2017, Am I not considered as an overstayed status from the moment I got married? I know all this shouldn't mattered if I applied right away after the marriage but..
I'm planning to travel back to my country for 2 weeks soon and I thought I had no problem, and all of sudden my friend told me it might not be safe for me to travel, because from my opt visa expired to my AOS application date has been over 180 days(182days) and I shouldn't risk it.
I haven't been back to my country over 3 years since I was in college and seeing a lot of people here have succefully traveled back and forth give me some hope.. but I don't see anyone who was in the same situation like me.. Anyone knows how the timeline for counting overstay works??
All Replies (5)
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