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Re: Visa Waiver & marriage & overstaying visa Posted on: Sat, 07 Jul 2007 20:06:23 +0000


> Yah... "intent to file" is meaningless. Either you file or you don't.
> It doesn't matter one whit that you intend to file... it only matters
> that you did or didn't.
>
> If you leave the US, you will *not* be allowed back in. You currently
> have no status in the US, and by overstaying the VWP you will *not* be
> allowed to use it again. That means a B-2 visa to visit which will
> likely be denied as you definitely have immigration intent... what
> with a USC wife and all. Even if you were to file for adjustment
> today, you would not recieve AP by August... and if you leave the US
> without AP your application for adjustment would be considered
> abandoned and, again, you have no basis for re-entry.
>
> You have two options: 1) do not leave the US until you have AP; or 2)
> leave the US and your wife will have to file for a spousal visa... and
> that'll mean you spending 6 - 8 months in the UK while it is
> processed.
>
> Ian

thanks guys....appreciate your help. What you have said is kind of what
i have been thinking...is AP the parollment or travel document?

Further, will leaving an application abondoned prejudice any application
i make thereafter such as say for a spousal visa?

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