AOS Emergency looking for advice please!

[TonyDanza 0]

Hi all.

I am in DIRE need of any help you can offer. It is very worrying and perhaps stupid what I have done, but whats done is done, so let me quickly explain.

I was in the US on an overstayed tourist visa when my Girlfriend and I spontaneously got married in Vegas after 5 years dating. We then applyed for AOS and a green card for me.

We have been waiting so long just as you all have, but people on here were so helpful for the entire process thus far, including giving me the advice not to leave the country while waiting for my immigration appointment.

I have been 'stuck' in the States now for so long, and had no idea how possibly longer it could be for our AOS interview to come, that when my younger sister said she was getting married in Mexico I had to finally take a risk and leave, athough I didnt apply for advanced parole stupidly not thinking I would need it.

I had already missed my bothers wedding, have only 2wice been able to meet my nephews because I was so worried about being denied back to be with my wife, that is got to the point where I said I can be a slave to that fear of leaving the US.

Well now it has bit me in the #### big time, as I am in Mexico right now for the wedding next week, when the person checking my mail back home told me low and behold, my letter for the AOS interview arrived scheduled for 3 weeks from now. So, I am wondering about getting back into the US for this interview as if I state that as my claim for entry, I will prob be denied. People have said that leaving while in process will possible jeprodize our appeal, but why is that? Mostly because reentry is so hard? Or for other reasons?

And what is my best plan of attack. Should I perhaps just say I am coming in as a Canadian visitor?

So basically my two huge worries are....my reentry into the States.....and more importantly, will this somehow taint my appeal at the interview or can I not mention it. Anyways, I am now highly concerned that I made such a rash emotional decision to come to her wedding which might now ruin everything my wife and I have worked so hard and for so long for. You guys are the best in the biz and ANY and ALL help would be soooo appreciative and grateful. Again thanks.

[Soancika+Brian 0]

Hi all.

I am in DIRE need of any help you can offer. It is very worrying and perhaps stupid what I have done, but whats done is done, so let me quickly explain.

I was in the US on an overstayed tourist visa when my Girlfriend and I spontaneously got married in Vegas after 5 years dating. We then applyed for AOS and a green card for me.

We have been waiting so long just as you all have, but people on here were so helpful for the entire process thus far, including giving me the advice not to leave the country while waiting for my immigration appointment.

I have been 'stuck' in the States now for so long, and had no idea how possibly longer it could be for our AOS interview to come, that when my younger sister said she was getting married in Mexico I had to finally take a risk and leave, athough I didnt apply for advanced parole stupidly not thinking I would need it.

I had already missed my bothers wedding, have only 2wice been able to meet my nephews because I was so worried about being denied back to be with my wife, that is got to the point where I said I can be a slave to that fear of leaving the US.

Well now it has bit me in the #### big time, as I am in Mexico right now for the wedding next week, when the person checking my mail back home told me low and behold, my letter for the AOS interview arrived scheduled for 3 weeks from now. So, I am wondering about getting back into the US for this interview as if I state that as my claim for entry, I will prob be denied. People have said that leaving while in process will possible jeprodize our appeal, but why is that? Mostly because reentry is so hard? Or for other reasons?

And what is my best plan of attack. Should I perhaps just say I am coming in as a Canadian visitor?

So basically my two huge worries are....my reentry into the States.....and more importantly, will this somehow taint my appeal at the interview or can I not mention it. Anyways, I am now highly concerned that I made such a rash emotional decision to come to her wedding which might now ruin everything my wife and I have worked so hard and for so long for. You guys are the best in the biz and ANY and ALL help would be soooo appreciative and grateful. Again thanks.

Hi,

So you overstayed and did not apply for the advance parole and you left the country? I am sorry ,but where was your head? I know its hard to miss your sisters wedding, but now you will most likely will be denied the reentry,because you abandoned your AOS status.

[Kez/JWolf 6]

How do you plan on re-entering the US. Do you have your passport? if you filed for AOS and did not get Advanced Parole and you then left the US you have abandoned you Application for AOS. Unless you have a visa you will not be allowed to enter the US. If you lie at the POE and say you are just visiting then you are committing visa fraud. Misrepresentation on entry will get you a life long ban on entry to the USA.

You may well have to fly home to Canada and start applying for a spousal visa, so you can return to your life in the US.

Edited February 21, 2009 by Kez/JWolf

[LaL 418]

How long did you overstay?

[Old Dominion 26]

At least you can get back home to Canada. That's about your only choice unless you sneak across the Mexican border illegally, which no one would advise.

[wmikevelez 0]

Hi all.

I am in DIRE need of any help you can offer. It is very worrying and perhaps stupid what I have done, but whats done is done, so let me quickly explain.

I was in the US on an overstayed tourist visa when my Girlfriend and I spontaneously got married in Vegas after 5 years dating. We then applyed for AOS and a green card for me.

We have been waiting so long just as you all have, but people on here were so helpful for the entire process thus far, including giving me the advice not to leave the country while waiting for my immigration appointment.

I have been 'stuck' in the States now for so long, and had no idea how possibly longer it could be for our AOS interview to come, that when my younger sister said she was getting married in Mexico I had to finally take a risk and leave, athough I didnt apply for advanced parole stupidly not thinking I would need it.

I had already missed my bothers wedding, have only 2wice been able to meet my nephews because I was so worried about being denied back to be with my wife, that is got to the point where I said I can be a slave to that fear of leaving the US.

Well now it has bit me in the #### big time, as I am in Mexico right now for the wedding next week, when the person checking my mail back home told me low and behold, my letter for the AOS interview arrived scheduled for 3 weeks from now. So, I am wondering about getting back into the US for this interview as if I state that as my claim for entry, I will prob be denied. People have said that leaving while in process will possible jeprodize our appeal, but why is that? Mostly because reentry is so hard? Or for other reasons?

And what is my best plan of attack. Should I perhaps just say I am coming in as a Canadian visitor?

So basically my two huge worries are....my reentry into the States.....and more importantly, will this somehow taint my appeal at the interview or can I not mention it. Anyways, I am now highly concerned that I made such a rash emotional decision to come to her wedding which might now ruin everything my wife and I have worked so hard and for so long for. You guys are the best in the biz and ANY and ALL help would be soooo appreciative and grateful. Again thanks.

maybe you can have the appointment lettr faxed to you and present it to customs, I have no idea if it will help, but couldn't hurt to try at this point

[payxibka 10,044]

How long did you overstay?

according to the time line since 3/3/07

AP would not have been good for you either... would not have allowed you back in dues to the overstay

Edited February 22, 2009 by payxibka

[ikarus 1]

Seems like the only chance you got is to hire a coyote, and get him to get you back in the states.

If you try to cross the border with your passport, you might get detained, your AOS case could get thrown out the window, or you could even get banned from the states. Agents don't mess around nowadays....

On the hopeful side---my colleague at work ventured too far out in the mexican border with his k1 visa wife, and as they were trying to cross back to the states, they were detained by border patrol; the wife didn't have an AP, just her passport. My friend, crapping in his pants, told the agents that he had no idea they needed papers just to go to that side of the border. The agents gave him a stern lecture and let them back in to the states. This happened about 2 years ago, so worst case scenario, fly your spouse out there, and cross as if you know nothing is going on; when questioned, plead total ignorance and be distressed. In reality though, my friend had no idea of what he had done, and he didn't even know about needing the AP, so maybe the agents saw that he was a total goof, and had mercy on them.

Good luck and let us know the end result.

[DanielParul 50]

ikarus, that will not work at all

1. Its not practical advice

2. He did not enter on a K1 visa

3. He has majorly overstayed in the US and now also abandoned his AOS.

He needs to go back to Canada without attempting to reenter the US and thus messing his case up even more. Anymore rash or stupid actions on his part can cost them both heavily. I am thinking if a ban applies in this case and if he will need a waiver after applying for a spouse visa?

[payxibka 10,044]

a one plus year overstay will result in a 10 year ban

[Jasman0717 8]

At least you can get back home to Canada. That's about your only choice unless you sneak across the Mexican border illegally, which no one would advise.

No sneaking

[♥Stiggy♥ 0]

Id call an immigration attorney asap

[TonyDanza 0]

Thank you all for the advice. I am trying to specifically get to my best option so the judgement is only making me feel worse. I guess I deserve it.

My questions exactly are....

Will this come up at the interview and can I just say if it does that I left for my sisters wedding and when returning that I showed the custom agent at the border my AOS interview letter and he let me in after giving me a stern talking to or something, even if that happens to not be the case.

And

Why does this abandoned my claim? Because I may not be there for the interview....which I will be! Can I just not get a new passport issued at the Canadian NY embessy which will have no custom stamps on it? I am reaching for threads here I know, and to many of you I prob sound like a loon, but this is where I am at and the situation I am in, and my entire life is going to be made in these next few decisions.

If no other option exists, I may try the one people suggest here often but which is obviously the STUPIDEST possibly idea around. But if you know what you are doing, can work. OK, back to desperation thinking and thank you all for advice.

[DanielParul 50]

Looks like your mind is made up and you will do everything stupid and some actions even illegal (fraud). All the best. Be prepared for the results and most probably a situation which might not have a solution. Sheesh! Wonder why people ask for advice when they are not going to do the right thing to help themselves

I will love to know what happens to you. Please update us in the future!

[Kez/JWolf 6]

Thank you all for the advice. I am trying to specifically get to my best option so the judgement is only making me feel worse. I guess I deserve it.

My questions exactly are....

Will this come up at the interview and can I just say if it does that I left for my sisters wedding and when returning that I showed the custom agent at the border my AOS interview letter and he let me in after giving me a stern talking to or something, even if that happens to not be the case.

And

Why does this abandoned my claim? Because I may not be there for the interview....which I will be! Can I just not get a new passport issued at the Canadian NY embessy which will have no custom stamps on it? I am reaching for threads here I know, and to many of you I prob sound like a loon, but this is where I am at and the situation I am in, and my entire life is going to be made in these next few decisions.

If no other option exists, I may try the one people suggest here often but which is obviously the STUPIDEST possibly idea around. But if you know what you are doing, can work. OK, back to desperation thinking and thank you all for advice.

You abandon your AOS application the second you leave the USA without AP. How do you plan to be at the interview when you are outside the US with no way to legally enter?

I am not one to judge people as we all make mistakes, but you did a very stupid thing when you left the US without the proper paper to get back in. You have overstayed a tourist visit that will incure you a 10 year ban on re-entry and you are going to attempt to entry the US anyway. Well good luck with that I can not condone your illegal actions.

You have been given some good advice here but it would seem you are intent on getting into the US by any way you can.

Do yourself a favour Fly home to Canada and sort this mess out properly so that you have some chance of a life here in the US.

Good Luck