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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

desperate_wife
Hi, guys!

I am wondering how much of unlawful presence I got. Hope you can help me to figure out.
I came to usa on august 14, 2004, allowed to stay till september 14,2004. Didn't go home.... Anyway, I got married in july,2005 and applied for AOS on september 11, 2005. I understand that I have got a little less than 1 year of unlawful presence (from september 15,2004 till september 11, 2005).
While on AOS I got work authorisation etc. Unfortunately my AOS got denied, in the letter it was stated that I should leave usa within 30 days, if I don't do it, I would become illegal. I left within 30 days.
So does it mean that my only unlawful presence was before AOS? or they count the whole period of USA stay despite the AOS (even though I was legal during AOS).
I was looking for the answer all over the web, with no luck...
What do you think I would get a 3 year ban or 10?
LadyJane
What kind of paperwork did you get from the USCIS, was your AOS denied because you were out of status when you applied?

Even without considering the AOS, it seems you were more than 180 days out of status. But, I'm not sure how long. I'm not sure what your status would be once you've applied for AOS.

I'm guessing that you are now applying for a K3 or an IR1 visa? If so, then also please read up on the process for applying for these visas. I think that addressing this issue upfront in your I-130 and/or I-129f applications will show good faith that you are trying to attain legal status. They'll know about your case anyway. You may also want to read about I-601 waivers, and plan for the worst-that your K3 or IR1 visa application will be rejected based on your out-of-status.

Good luck! smile.gif
rebeccajo
You were out of status beginning September 15, 2004.

You accumulated unlawful status time from then until the day you departed the US.
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