Jump to content
Sign in to follow this  
gmjdmj

Returned flight cost my husband his AOS

36 posts in this topic

Recommended Posts

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

Share this post


Link to post
Share on other sites

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

How can that possibly be?? How do they even know about the return flight?

And then to make the assumption that your husband took the flight

WOW. I can't believe this actually happened..

Does your husband still have his I-94?

That is a good piece of evidence that he didn't leave the US.

He would have given it back to immigration on his way out of the country.

Hope you can set them straight somehow!


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

Share this post


Link to post
Share on other sites

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

Wow! that is very unfortunate. You should appeal to them clarifying that your husband is still in the country. Explain the reason you bought the return ticket. Also, it might help to show up with your husband at the nearest DHS office to you and talk to someone. Good luck.

Share this post


Link to post
Share on other sites

How can that possibly be?? How do they even know about the return flight?

And then to make the assumption that your husband took the flight

WOW. I can't believe this actually happened..

Ummm....Airlines are required to share passenger lists with the government... somehow the airline must have screwed up and must have checked someone in with his name/reservation...


YMMV

Share this post


Link to post
Share on other sites

That's both strange and shocking...USCIS at it's best...I'm very sure you guys will fix this.I really don't know why they like to play with people's lives :angry:


AOS Time line

06.28.10 | Mailed AOS Package (I-130, I-485, I-765)

06.29.10 | Package Received at Chicago Lockbox

06.30.10 | Received Email & Text NOAs

07.07.10 | Money Orders cashed

07.08.10 | NOA-1 Hard Copies received in the mail

07.13.10 | Biometrics letter received; scheduled for 07/22

07.14.10 | Successful Biometrics walk-in

07.15.10 | Touched: I-130,I-485 & I-765 (cases online)

07.16.10 | Touched: I-130,I-485 & I-765

07.19.10 | Touched: I-130,I-485 & I-765

07.22.10 | Touched: I-130,I-485 & I-765 and RFE in Email and on Case status

07.23.10 | Touched: I-130,I-485 & I-765

07.27.10 | Got RFE letter(documentation of current income required)

08.04.10 | RFE Sent

08.06.10 | USPS Delivery confirmation at 4.20 PM

08.10.10 | Touched: I-485

Share this post


Link to post
Share on other sites

That is ridiculous. Keep on all of your congress people. Get contact with the airline to get your own information from them and also contact those at the airport he was supposed to fly back into. Get an affadavit from anyone he might have seen or talked to in America on the day he was supposed to fly and immediately afterwards.

Good luck!


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Share this post


Link to post
Share on other sites

Ummm....Airlines are required to share passenger lists with the government... somehow the airline must have screwed up and must have checked someone in with his name/reservation...

This is correct. The airline probably sold the seat to a standby passenger and forgot to update their passenger manifest. Unfortunately, if the airline says he boarded that flight then, as far as USCIS is concerned, he boarded that flight.

I think the best place to start is by contacting the airline. Perhaps if they can confirm that the seat was sold to someone else then an appeal or petition to reopen might be filed on that basis.

This is the first time I've ever heard of a round trip ticket backfiring on someone. It really sucks. :angry:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

I didn't know it was so easy to "trick" the US authorities. I mean, what is the I-94 for then? and why, if the airline fails to take it from your passport before you leave, will this result in a false overstay? apparently when they want (so to say) they can find out that you left the country even without turning in that piece of paper (and even if you didn't leave at all).

It is clearly a mistake by the airline that did not update the names on the passengers list after they gave the same seat to someone else, but it is ridiculous.

I'm very sorry for all this, and I really hope that you guys will be able to fix it.

Share this post


Link to post
Share on other sites

I didn't know it was so easy to "trick" the US authorities. I mean, what is the I-94 for then? and why, if the airline fails to take it from your passport before you leave, will this result in a false overstay? apparently when they want (so to say) they can find out that you left the country even without turning in that piece of paper (and even if you didn't leave at all).

It is clearly a mistake by the airline that did not update the names on the passengers list after they gave the same seat to someone else, but it is ridiculous.

I'm very sorry for all this, and I really hope that you guys will be able to fix it.

It is very surprising. You would think they would check at least and yes, the I-94 is supposed to be turned in when you leave.

Unfortunately there is no "appeal" process for an AOS. You can file an I-290 ($585) and re-open the case. Present your evidence (info from airlines and or a postmarked or notarized copy of the I-94 to show date) And the case will be corrected. Try to get your money back later. You have to do this within 30 days. During those 30 days, see if your congressman or Senator can help (they CAN, see if they WILL, they should)

When were his biometrics for the EAD and AP? Before or after he "left" That would be interesting if they did biometrics AFTER he "left"


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites

His Biometrics appointment was on March 17th and he supposedly left on February 24th. I have contacted the airlines and they verbally verified over the phone that his ticket was never used but getting it in writing, that is another story. I have a contact at our Congressman's office that I had spoke to before we got the letter who was trying to find out why it was denied who I will be calling in the morning. We also called passport control in Chicago where he supposedly flew out of and they said that if we can get a government official to call and give them David's passport number, they can verify that he did not come through there on that day. I am going to see if my contact from the Congressman's office can call or will call...who knows? I never dreamed after all we have been through and thinking we had done everything right we would be dealing with something like this. At the end of the day, we are honest and know that. We just have to prove it to the right person and hope they believe us. I'm sort of understanding a little bit of what it must feel like to be charged with a crime and having to prove your wear abouts.

Share this post


Link to post
Share on other sites

but provided that he left on Feb. 24, how in the world do they explain that he regularly went to his biometrics appointment 3 weeks later?

I can't even imagine how frustrating it must be for both of you, all I can do is send you my support and positive thoughts to get through this kafkian situation.

Share this post


Link to post
Share on other sites

Good piece of advice for furture habits:

Don't leave things open ended (like rental/tickets/etc) to avoid issues like this.

There was a similar case posted on this site, they had to go through a bunch of hurdles to prove they didn't use the return tickets.

I would make an INFOPASS and take all the evidence showing he didn't leave (get airline manifests if possible) and see if they can help you.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×