2 years of marriage, no AOS filled yet

[ms_piaano]

Hi,
I've been married for over 2 years now but haven't filled for the AOS yet as we are tight in cash. Is anybody here have any experience in filling late? I want to apply for Advance Parole with AOS together, will they give approval to my AP? Please HELPPPPP
Thanks

[bkwld]

Late AOS is okay. Matter of fact, you might just get the 10 greencard instaed of the 2 year conditional card since you're already married 2 years.

Regarding the AP, are you still in a legal status? If you're out of status now, you will not be able to use AP even if you get one. You will need to wait until you get your greencard. Remember, if you do AOS, do not leave the country until you get your greencard.

[ms_piaano]

Thanks for the response.
But anyway, what do you mean by "am I still in legal status or out of status now, not be able to use AP"?

[bkwld]

If you are out of status when you file for AOS, you will not be able to use AP.

[ms_piaano]

Sorry, but I don't get it :-(
Out of status means those who have been unlawfully present, correct? I entered the US on K-1 visa 2 years ago, am I considered out of status since I haven't filled AOS yet? So you mean I can't get the AP if I apply? I need to go visit my country for family emergency purpose very soon.

[dmc08]

Ms.Piaano



If u apply for AP together with your AOS even if they approved ur AP u may be at risk to leave the country coz ur AOS still pending which is even u already here in US and married to american citizen there 's still a chance that they might denied ur AOS so if i were u i'll just wait till they approved ur greencard which is about 3-4 months.