What affect will an overstay have on AOS?
Jul 24th 2006, 11:26 am
#16
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
Just to clarify, I was married in the UK over 3 years ago and did not marry while on VWP.
On a previous visit I applied for AOS. The application for AOS was denied due to a RFE not being dealt with. The I-130 was approved but the I-485 was denied.
On a previous visit I applied for AOS. The application for AOS was denied due to a RFE not being dealt with. The I-130 was approved but the I-485 was denied.
I still think having an attorney is a good idea, esp with a previous denial.
Rene
Jul 24th 2006, 11:29 am
#17
Guest
Posts: n/a
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
I had a free consulatation with an attorney, but don't have the money right now to hire one. I was going to file all my paperwork and hire an attorney later for the "complicated" stuff.
And like you say get an ATTY when the time comes if it does?
Jul 24th 2006, 11:29 am
#18
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
I had a free consulatation with an attorney, but don't have the money right now to hire one. I was going to file all my paperwork and hire an attorney later for the "complicated" stuff.
Rene
Jul 24th 2006, 11:31 am
#19
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by whiskers
I think that I would just start the whole process again from scratch.
And like you say get an ATTY when the time comes if it does?
And like you say get an ATTY when the time comes if it does?
Rene
Jul 24th 2006, 11:50 am
#20
Forum Regular
Thread Starter
Joined: Jul 2006
Posts: 68
Re: What affect will an overstay have on AOS?
Originally Posted by Noorah101
I agree with starting over from scratch. Just include a new I-130 with all your AOS paperwork. Unless you know for 100% sure the approved I-130 is still approved in the system, after your first AOS denial. I'm not an attorney, but I wouldn't trust it to be still on the record as approved to go along with a new AOS. Did your free consultation tell you this was OK to do?
Rene
Rene
Jul 24th 2006, 11:51 am
#21
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
Will double check tomorrow that the approved I-130 is still approved in the system
Jul 24th 2006, 11:58 am
#22
BE Enthusiast
Joined: Aug 2003
Location:
Posts: 525
Re: What affect will an overstay have on AOS?
Noorah - agree with you 100%.
Someone asked the question earlier, on a differing topic, when was the right time to hire an atty.
HELLO! RED FLAG RED FLAG RED FLAG.
If there ever was a time, it'd be in THIS case here.
Someone asked the question earlier, on a differing topic, when was the right time to hire an atty.
HELLO! RED FLAG RED FLAG RED FLAG.
If there ever was a time, it'd be in THIS case here.
Originally Posted by Noorah101
I see. Wouldn't you then need to file a new I-130 as well, now?
I still think having an attorney is a good idea, esp with a previous denial.
Rene
I still think having an attorney is a good idea, esp with a previous denial.
Rene
Jul 24th 2006, 12:56 pm
#23
Forum Regular
Thread Starter
Joined: Jul 2006
Posts: 68
Re: What affect will an overstay have on AOS?
Originally Posted by Noorah101
Just curious, how will you check?
Jul 24th 2006, 1:17 pm
#24
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
By calling the 800 number and asking?
How long ago did you submit the I-130? My guess is that it's been filed away somewhere, and even if it IS still valid, USCIS will have a very hard time matching your current AOS papers to that particular I-130.
I personally don't think there is a good way of finding out 100% if that approved I-130 is still valid. It's up to you to take your chances that it is, and hope for the best (realizing that if it's not, you'll get even more muddled in the process), or filing a new I-130 along with all your AOS paperwork. That is, if you really don't want an attorney's profession advice.
Rene
Jul 24th 2006, 2:07 pm
#25
Forum Regular
Thread Starter
Joined: Jul 2006
Posts: 68
Re: What affect will an overstay have on AOS?
Originally Posted by Noorah101
Just to let you know, that "misinformation" line is manned by contract workers who pretty much know nothing about immigration matters. They may or not even be really looking at your file. This is NOT a reliable method of finding correct information, especially something as specific as this. I wouldn't trust them.
How long ago did you submit the I-130? My guess is that it's been filed away somewhere, and even if it IS still valid, USCIS will have a very hard time matching your current AOS papers to that particular I-130.
I personally don't think there is a good way of finding out 100% if that approved I-130 is still valid. It's up to you to take your chances that it is, and hope for the best (realizing that if it's not, you'll get even more muddled in the process), or filing a new I-130 along with all your AOS paperwork. That is, if you really don't want an attorney's profession advice.
Rene
How long ago did you submit the I-130? My guess is that it's been filed away somewhere, and even if it IS still valid, USCIS will have a very hard time matching your current AOS papers to that particular I-130.
I personally don't think there is a good way of finding out 100% if that approved I-130 is still valid. It's up to you to take your chances that it is, and hope for the best (realizing that if it's not, you'll get even more muddled in the process), or filing a new I-130 along with all your AOS paperwork. That is, if you really don't want an attorney's profession advice.
Rene
If I find out I have to file a new I-130 I don't know where and when I will get the money, but i'll have to deal with that as best I can.
We have spent most of our savings getting custody of my wife's daughter and setting up home. If I can find a way to stay over here I will but I realise it's going to be a struggle.
Jul 24th 2006, 2:28 pm
#26
Guest
Posts: n/a
Re: What affect will an overstay have on AOS?
Originally Posted by Noorah101
Just to let you know, that "misinformation" line is manned by contract workers who pretty much know nothing about immigration matters. They may or not even be really looking at your file. This is NOT a reliable method of finding correct information, especially something as specific as this. I wouldn't trust them.
Rene
Rene
With respect and I totally agree with you Noorah the 1800 in my words is CRAP......... BUT I have been transfered on a few occasions to an Immigration Officer when the Mis-Info folK could not answer a question and they have been spot on with their responses, my only concern would be that the OP could be opening a can of worms calling them as he is already out of status.
Jul 25th 2006, 11:29 am
#27
Forum Regular
Thread Starter
Joined: Jul 2006
Posts: 68
Re: What affect will an overstay have on AOS?
Was told today on the 800 number that the petition is still valid. I had to speak to several people before I got a definate answer.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
Jul 25th 2006, 11:47 am
#28
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
Was told today on the 800 number that the petition is still valid. I had to speak to several people before I got a definate answer.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
I notice we're pretty posting the same information in 2 separate threads. I'll leave it up to you which one to keep running....but let's just keep one of them going. It's confusing to have 2 identical discussions going on. I responded to your other thread.
Rene
Moderator
Jul 25th 2006, 12:09 pm
#29
Guest
Posts: n/a
Re: What affect will an overstay have on AOS?
Originally Posted by toastytoast33
I really wish I could afford an attorney right now, but I just don't have the money right at this moment.
If I find out I have to file a new I-130 I don't know where and when I will get the money, but i'll have to deal with that as best I can.
We have spent most of our savings getting custody of my wife's daughter and setting up home. If I can find a way to stay over here I will but I realise it's going to be a struggle.
If I find out I have to file a new I-130 I don't know where and when I will get the money, but i'll have to deal with that as best I can.
We have spent most of our savings getting custody of my wife's daughter and setting up home. If I can find a way to stay over here I will but I realise it's going to be a struggle.
Jul 25th 2006, 12:25 pm
#30
Concierge
Joined: Apr 2001
Posts: 46,482
Re: What affect will an overstay have on AOS?
Do you have a notice of action stating this? If not, what do you plan on including with your adjustment package to verify that nwe I-130 is not needed because the old one has been approved and is still current?
Originally Posted by toastytoast33
Was told today on the 800 number that the petition is still valid. I had to speak to several people before I got a definate answer.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.
I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.
