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Thread: How to know about a bar before leaving the US?

  1. #1
    I have a question for a friend of mine.

    She married a USC but the married ended before the AOS interview...the interview hasnt been scheduled yet.

    A few months ago she met a LPR and they are very much in love, but as I understand, she cannot adjust her status if she marries him because he is only LPR and not USC.

    She is planning to go home while waiting for her future husband to become USC.

    Now the question is...will she be able to come back on a fiancee visa or she will have a 3 or 10 year bar???

    Is there any way to find out if someone will be barred from entering the US before she leaves ??
    How can she find out if there is any bar?

  2. #2
    I have a question for a friend of mine.

    She married a USC but the married ended before the AOS interview...the interview hasnt been scheduled yet.

    A few months ago she met a LPR and they are very much in love, but as I understand, she cannot adjust her status if she marries him because he is only LPR and not USC.

    She is planning to go home while waiting for her future husband to become USC.

    Now the question is...will she be able to come back on a fiancee visa or she will have a 3 or 10 year bar???

    Is there any way to find out if someone will be barred from entering the US before she leaves ??
    How can she find out if there is any bar?

  3. #3
    I am also interested to know the answer.

  4. #4
    She would not know about the bar until she depart US. This also depends on how long she overstayed her visa.

    Less 180 days / 3 years. More 360 days / 10 years.

    While filing her AOS she considered lawful to stay in US, but when she abandoned it, automatically the overstayed status start from the date her visa expired. May be I am wrong, but so far thats what I know of.

  5. #5
    It sounds like she is still in AOS,unless the AOS has been rescinded.I believe she is not out of status but that she would need advance parole in order to leave the U.S.if she left the U.S. without the parole she would self deport herself.

    Maybe she could cancel her AOS and if say she gets married overseas apply for a V-1 visa.
    while being petioned by her lpr husband for F21 resident status.

    I myself am not a adjudicator so i dont know how to cancel or rescind your I-485,but it sounds like a V-1 visa while waiting for your priority date would be the best bet.

    also could you explain how she abandoned her status and therefore would be eligible for this bar?

  6. #6
    Bohica, the problem is she was married to US Citizen and filed the AOS but no interview yet...so the case still hanging.

    Now, she met another guy, a permanent resident...which not allow her to file AOS immediately until that guy had his citizenship. So she cannot use any Advance Parole pursuant to the first marriage because she gonna be with a totally different person.

  7. #7
    I have my visa until 2004. But worked illegally for 7 months. Now Ihave changed my status from H1 to V. can I leave the country without any pbm and come back before AOS?

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