we messed up big time... oh dear lol.
Dec 12th 2009, 9:55 pm
#16
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Re: we messed up big time... oh dear lol.
And they didn't stamp anything in my passport, wouldn't they have done that?
Also, I was under the impression that if you applied for AOS soon after arriving in the US, they didn't ban?
And yes I think I had applied last time for the I-131. Not that it would be any good now, 15 months later.
ACK, so I really might have shot myself in the foot then!
Dec 13th 2009, 12:35 am
#17
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Re: we messed up big time... oh dear lol.
No, because you didn't go through customs on the way out.
As for the ban, there are two schools of thought. One is that you were in status while the I-485 was pending and therefore no overstay and the other is that since the I-485 was not adjudicated, the pending I-485 time is considered overstay.
Have hubby check with an immigration attorney to find out for certain.
As for the ban, there are two schools of thought. One is that you were in status while the I-485 was pending and therefore no overstay and the other is that since the I-485 was not adjudicated, the pending I-485 time is considered overstay.
Have hubby check with an immigration attorney to find out for certain.
Dec 13th 2009, 2:51 am
#18
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Re: we messed up big time... oh dear lol.
No, because you didn't go through customs on the way out.
As for the ban, there are two schools of thought. One is that you were in status while the I-485 was pending and therefore no overstay and the other is that since the I-485 was not adjudicated, the pending I-485 time is considered overstay.
Have hubby check with an immigration attorney to find out for certain.
As for the ban, there are two schools of thought. One is that you were in status while the I-485 was pending and therefore no overstay and the other is that since the I-485 was not adjudicated, the pending I-485 time is considered overstay.
Have hubby check with an immigration attorney to find out for certain.
Dec 13th 2009, 3:09 am
#19
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Re: we messed up big time... oh dear lol.
I just thought of another question, does anyone know if I could contact US immigration and if they could tell me outright if i have a ban or not?
Dec 13th 2009, 4:02 am
#21
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Re: we messed up big time... oh dear lol.
I know it's too late now, but I'm still wondering why, if you applied for the AP with your AOS package, you still had not received it after 10 months of waiting! The AP is usually the first thing that comes to you, about 30 - 60 days after filing!
And I assume you never got an interview date, either? They wouldn't have known you left the country if you hadn't notified NVC or anyone....so they would have continued processing everything.
The fact that you didn't get your AP, (did you get your EAD?) or your interview letter at all, just makes me think your whole application package got lost somewhere.
Rene
Dec 13th 2009, 4:08 am
#22
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Re: we messed up big time... oh dear lol.
Your best bet is to contact a qualified immigration attorney (it has been established in the courts that you can't rely on something a government employee tells you). By the way, I thought you didn't care about getting a ban.
Dec 13th 2009, 4:23 am
#23
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Re: we messed up big time... oh dear lol.
I would get hubby to call the 1800 line...yes I know it can be a waste of time but at least they can tell him where the AOS is at, at the moment if anywhere.
Dec 13th 2009, 4:50 am
#24
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Re: we messed up big time... oh dear lol.
Probably not.
I know it's too late now, but I'm still wondering why, if you applied for the AP with your AOS package, you still had not received it after 10 months of waiting! The AP is usually the first thing that comes to you, about 30 - 60 days after filing!
And I assume you never got an interview date, either? They wouldn't have known you left the country if you hadn't notified NVC or anyone....so they would have continued processing everything.
The fact that you didn't get your AP, (did you get your EAD?) or your interview letter at all, just makes me think your whole application package got lost somewhere.
Rene
I know it's too late now, but I'm still wondering why, if you applied for the AP with your AOS package, you still had not received it after 10 months of waiting! The AP is usually the first thing that comes to you, about 30 - 60 days after filing!
And I assume you never got an interview date, either? They wouldn't have known you left the country if you hadn't notified NVC or anyone....so they would have continued processing everything.
The fact that you didn't get your AP, (did you get your EAD?) or your interview letter at all, just makes me think your whole application package got lost somewhere.
Rene
Dec 13th 2009, 4:50 am
#25
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Re: we messed up big time... oh dear lol.
Dec 13th 2009, 4:51 am
#26
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Re: we messed up big time... oh dear lol.
Dec 13th 2009, 4:51 am
#27
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Re: we messed up big time... oh dear lol.
Rene
Dec 13th 2009, 9:42 am
#29
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Re: we messed up big time... oh dear lol.
Wow, tricky situation now Emma. Keep us posted with what happens.
You've got no choice but to get a lawyer involved, methinks.
Does hubby still have his US job?
You've got no choice but to get a lawyer involved, methinks.
Does hubby still have his US job?
Dec 13th 2009, 10:31 am
#30
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Re: we messed up big time... oh dear lol.
He got fired from his last job, yes everything just seemed to hit the fan at once. So he moved in with his parents in Kansas, and he found another job. Now he is earning enough to sponsor me, but would they accept that he's still living with his parents? They have said I'm welcome to live there anytime.
