Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

TERRIBLE AND COMPLEX SITUATION!

Wikiposts

TERRIBLE AND COMPLEX SITUATION!

Thread Tools
 
Old Sep 6th 2018 | 1:04 pm
  #31  
Rete's Avatar
Concierge
 
Joined: Apr 2001
Posts: 47,664
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: TERRIBLE AND COMPLEX SITUATION!

Originally Posted by 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
I often expect people to behave in a manner in which I would. I would have told the officer immediately of our change of address if only because it is different than what was on the submitted adjustment of status applications. As is often quoted here "that is what the red pen is for" that they use. I would have also brought any additional and updated information with me to the interview. Why you didn't bring the necessary and required medical criteria with you, I find hard to understand.

21 years ago there was no marriage-based visa forums like this to be found on the internet. A lovely group of people got together and set up this forum on the now defunct Deja News forums and it is still active today here on British Expats. It was started because we as a group had no where to find answers to questions on bringing a foreigner to the US for the purpose of being joined in marriage. Today there are many such forums to be found and I'm so sorry that you didn't have one at your disposal to avail yourself of experience and knowledge gleamed through the experiences of others.

Your situation is not unique but as Rene said what is unique is that you left the US and took the directive of the USCIS letter to heart and left the US. You unfortunately consulted with attorneys who were not experienced in this type of situation. It all comes down to the perfect storm and your ship was sunk the moment you left our shores. Now it is damage control. A painful and very expensive lesson. Not only are you away from your spouse, you have delayed your eligibility to naturalize and kick USCIS out of your life forever.

The USCIS, the Consular Officer and the Border Officer at the POE can lie to you from here to eternity and there is nothing you can do about it. Please just get on with your life in the UK while you await the adjudication of your I-130 and subsequent IR-1 Visa. Going on about what happened isn't going to fix things. Just run things that happen from here on out through the forum and get other experiences of what needs to be done to have a successful interview for the IR-1.

As for counting the days of overstay, no, we have little if any experience with this so our thoughts are guesses based on learned things. We know that you are considered 'in status' while the petition is pending. We do know that you are out of status at the moment of denial of status. And honestly, it doesn't matter. It is what it is. The Consular Officer who interviews might not even want to hear your tale of woe. He really doesn't care why things happened; just that it happened.

We are all here for you if and when needed.
 
Old Sep 7th 2018 | 10:26 pm
  #32  
Thread Starter
Just Joined
 
Joined: Aug 2018
Posts: 16
Gazsaxon is an unknown quantity at this point
Default Re: TERRIBLE AND COMPLEX SITUATION!

Originally Posted by Rete
I often expect people to behave in a manner in which I would. I would have told the officer immediately of our change of address if only because it is different than what was on the submitted adjustment of status applications. As is often quoted here "that is what the red pen is for" that they use. I would have also brought any additional and updated information with me to the interview. Why you didn't bring the necessary and required medical criteria with you, I find hard to understand.

21 years ago there was no marriage-based visa forums like this to be found on the internet. A lovely group of people got together and set up this forum on the now defunct Deja News forums and it is still active today here on British Expats. It was started because we as a group had no where to find answers to questions on bringing a foreigner to the US for the purpose of being joined in marriage. Today there are many such forums to be found and I'm so sorry that you didn't have one at your disposal to avail yourself of experience and knowledge gleamed through the experiences of others.

Your situation is not unique but as Rene said what is unique is that you left the US and took the directive of the USCIS letter to heart and left the US. You unfortunately consulted with attorneys who were not experienced in this type of situation. It all comes down to the perfect storm and your ship was sunk the moment you left our shores. Now it is damage control. A painful and very expensive lesson. Not only are you away from your spouse, you have delayed your eligibility to naturalize and kick USCIS out of your life forever.

The USCIS, the Consular Officer and the Border Officer at the POE can lie to you from here to eternity and there is nothing you can do about it. Please just get on with your life in the UK while you await the adjudication of your I-130 and subsequent IR-1 Visa. Going on about what happened isn't going to fix things. Just run things that happen from here on out through the forum and get other experiences of what needs to be done to have a successful interview for the IR-1.

As for counting the days of overstay, no, we have little if any experience with this so our thoughts are guesses based on learned things. We know that you are considered 'in status' while the petition is pending. We do know that you are out of status at the moment of denial of status. And honestly, it doesn't matter. It is what it is. The Consular Officer who interviews might not even want to hear your tale of woe. He really doesn't care why things happened; just that it happened.

We are all here for you if and when needed.
Rete thank you. I will be updating everyone on the situation as the time comes to hopefully help someone to not make the same mistakes.

Gareth
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices

Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.