civilservant

https://www.immigration-lawyer-la.com/j-craig-fong.html

Noorah101

I'm sorry, I don't know. You need to consult with an immigrating attorney to find out for sure.

Rene

Gazsaxon

Noorah,
I spoke with a tier 2 immigration officer yesterday. They said that it would start counting from the days on the denial letter. I also asked if from the point of Marriage and to the point you file for AOS, does that also count and she said no. Just from the Denial to the say you leave.

So im hoping she is correct, I cant see how an immigration officer could give us false information. Either way I did not over stay 180 days so that is a relief.

Gareth

Gazsaxon

Thank you

civilservant

I'd be very surprised if she actually was an 'immigration officer' - IE an employee oi USCIS. Anyway, the US Government can lie to you, or tell you untruths, all it wants - and it bears no responsibly for those lies. That has been proven in case law before.

Gazsaxon

No way! That is crazy! I guess its not a relief then! I called and asked for them to put me through to an immigration officer, to which they said the wait will be 3 hours. So I scheduled a call back and eventually got the rudest lady I could of possibly had the pleasure of talking to but none the less asked her a few questions to which that was her response. So I will be asking the attorney that you recommended instead. Thank you

scrubbedexpat099

K1 Visa is a single entry vis good for 90 days, the question is whether filing AOS stops the clock.

You could have reopened the case or simply refiled if in the US, overstays are 'forgiven' when adjusting through marriage, they are triggered as far as any ban is concerned when you left.

The CO at the Consulate interview is the one who will make the call.

Gazsaxon

So I have 90 days. If I married and then filled AOS within that time frame I should be fine wouldn't you think? I don't get how a ban would be a option when I was told to leave, we tried to do the right thing. Makes me feel sick thinking about it.

scrubbedexpat099

The problem arose because you left, you could have stayed 10 years out of status and still filed to adjust.

I am not sure how they will look at it, my understanding is that when you file to adjust your stay is under the colour of law, if you adjust the issue goes away and of course most do.

Gazsaxon

Well we did and it was approved and then denied and we was told to leave so that is what we did. Just tried to do what we was told. I am going to explain it to the CO when I get to the interview the best way I can and hope and pray.

Thanks David
Gareth

Noorah101

Just for others reading this, the only requirement is to marry within 90 days. The AOS can happen later if necessary.

A ban would only happen if it was found that you overstayed more than 180 days.

Yes, you were told to leave, but it was possible to stay and either get the case reopened or refile AOS. I know you didn't know that and you took the path you thought was right.

Rene

Rete

It was a failing on the part of the three immigration attorneys you consulted in this matter. You were given inadequate information and many would say, incorrect information on how to proceed. Of course, the problem was due in large part to your misfiling of the AR-11 for your change of address and the non-filing of the I-865 for your financial sponsor's change of address (your wife). Over the last 21 years it has been that one files the AR-11 and then a few weeks later follows it up with a call to the 1-800 misinformation number. (It is called that for a reason. They are not government workers. They are not employed by the USCIS. They are contract personnel of a private company hired to answer phone calls. They do not know or care about USCIS laws and regulations.) Did you not give the officer at your interview your correct address?

Unfortunately, it is what it is. Now you have to wait it out apart from one another and you don't have the option of returning to the US for a visit without a formal B2 visa because of your overstay. You will not be given one because of the nature of the situation. Your wife needs to come to you to spend time if she wants to see you or you can meet up in a third country.

Find a job and get one with your life the best you can in the UK. There is no point in worrying or counting overstay days, etc. You are not going to get a clear picture until the day of the interview. Even if you are overstayed 180 days, I believe you can still file a waiver. I'm hoping that is correct.

Gazsaxon

Well I asked my wife to change our address online after we moved before the interview. She did so and it said it was submitted. So we thought great, then we also got correspondence from USCIS regarding something else to our new address so we thought it was a okay. At the interview we was not asked for an address or anything like that.
That is what I am trying to do hoping for the best.
Is this such a rare situation that nobody knows when an overstay count would begin?

Gareth

Noorah101

Having an AOS case denied due to USCIS error is not all that uncommon. The uncommon part is leaving the USA instead of getting the case reopened while still in the USA. I've not seen that happen in this forum before.

my layman's guess is that the time starts from the date of denial, since during AOS you were allowed to stay under "color of law".

Rene

scrubbedexpat099

Definitely waiverable if a waiver is needed.