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Nov 5 2009, 12:30 AM
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#1
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![]() Platinum Member Group: Members Joined: 26-April 05 From: Lone Tree, CO Filed for: Removing Conditions Nebraska Service Center Local Office: Denver, CO Country: Philippines
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My mother-in-law applied for extension of stay last year and was denied. In hindsight, we should have sent her home when USCIS hadn't decided her case prior to her I-94 expiring. Now she has to apply for a new visa and indicate an overstay on her application. Assuming she brings a copy of her I-539 case file with her to the interview and can prove she left within a week of receiving it, what are the chances she might be able to get a new visa? Based on what I've heard about how hard it is to get a NIV from Manila, I'm a bit pessimistic, but I'm wondering if anyone has had any relatives who might have had a positive experience after this type of overstay.
-------------------- 08/28/2004 Engaged
09/22/2004 I-129F submitted 10/01/2004 I-129F Approved 12/15/2004 K1 Issued 12/30/2004 Arrival in US 02/19/2005 Married 01/30/2006 Conditional Green Card Approved 01/15/2008 Conditions Removed and 10 Year Card Issued 03/28/2009 N-400 mailed to Lockbox 07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL 08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u] 09/04/2009 Applied for passport 09/22/2009 Passport approved and mailed 09/24/2009 Passport received 08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department |
Nov 5 2009, 12:43 AM
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#2
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![]() Star Member Group: Members Joined: 13-January 04 From: Colorado Filed for: K-1 Nebraska Service Center Local Office: Denver My Timeline
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I can tell you the odds if she does not apply, nobody can tell you the odds if she does.
She can enhance her chances by also supplying evidence of why she could not depart, letter from Doctor explaining why she could not travel etc etc. |
Nov 5 2009, 04:40 PM
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#3
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Gold Member ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Members Joined: 28-January 08 From: RI Filed for: AOS (approved) California Service Center Country: Philippines
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My mother-in-law applied for extension of stay last year and was denied. In hindsight, we should have sent her home when USCIS hadn't decided her case prior to her I-94 expiring. Now she has to apply for a new visa and indicate an overstay on her application. Assuming she brings a copy of her I-539 case file with her to the interview and can prove she left within a week of receiving it, what are the chances she might be able to get a new visa? Based on what I've heard about how hard it is to get a NIV from Manila, I'm a bit pessimistic, but I'm wondering if anyone has had any relatives who might have had a positive experience after this type of overstay. recall the reason for denial, chances are it's going to be the big issue when she applies for a new visa. if money is no issue though, i'd say go for it. -------------------- ![]() Matthew Dennis, 7.9lb, 18in,at 4days old I-129F 02-11-2008 Sent out I -129F in mail 02-13-2008 NOA 1 03-14-2008 NOA 2 03-21-2008 NVC received I-129F 03-31-2008 Paid DELBROS 03-30-2008 Embassy received I-129F 04-07-2008 Medical exam passed 04-25-2008 Interview, visa aproved, no RFEs! 04-25-2008 Waiting for DELBROS and NSO 05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord! 05-26-2008 POE Detroit, no problems, thank God! 07-01-2008 Married 07-01-08, civil, just us w/ his parents AOS 07-16-2008 Mailed out AOS package 07-19-2008 wedding ceremony 07-22-2008 a little delay in receipt 07-25-2008 uscis receives aos packet 07-30-2008 biometrics notice 08-19-2008 biometrics appointment 08-25-2008 i-485 touched 09-23-2008 i-485 touched 09-30-2008 EAD card production notice 09-30-2008 i-131 approval notice THANK YOU LORD!!!! 10-04-2008 Received my EAD 10-06-2008 Received my AP...yehey, i can go back to Phil for xmas! 11-14-2008 DMV driving test-passed! thank you Lord! 11-18-2008 Received RI driver's license 11-30-2008 Went home to PHILs for the holidays 12-21-2008 Church wedding! 01-08-2009 AOS Approved! thank you Lord! no interview required! 01-16-2009 Received GC in mail next process in 2010! Welcome Matthew Dennis! Born Oct 9, 2009 |
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