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Interview Today - Visa not granted yet

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Ok guys, so I had my interview today and to my surprise, the Consul is claiming that I had overstayed my visitor visa twice.

Here's the background:

  1. Sept 2000 I went to the US on my B2 visa. I was give 6months at POE and I extended my visa for 6 more months. So, I ended up staying a year (until Sep 2001) with my extension; and went home... never overstayed a single day.
  2. Nov 2001 - I was given 3 months at POE and, yet again, extended my visa for 6 months. Never overstayed
  3. I have two more entries to the US that followed, these I mentioned, and although I was given 6 months, I stayed less time; so, once again, I never over stayed.
  4. In 2010 I needed a new B2 visa. It was granted to me without a problem. The consular officer who interviewed me even said: Oh, you have many visits to the US... to which I replied: Yes, I do! You should have all my INS and OUTS.... she acknowledged that

Today at the interview, the Consul tells me that, before we start talking about my relationship with Craig, she needs to address two Overstays that I had (the ones I mentioned in point 1 and 2.. which were legally extended). I answered truthfully and explained that I was unaware of said Overstays, because I had extended my visa twice, through a lawyers office......and pointed out, that: a) they granted me with a new visa in 2010 b) I was never denied entry to the US

This was the first time I was hearing about this irregularity and I was shocked to say the least.

I was then asked to produce the i-94s that proved I had extended my visas. I told her that I didn't think I had them, that it's been 11 years; and that I could possibly locate the law office that ran the process for me.

She moved on to the pictures... she asked me about the relationship. She even said... is this really you on this pictures? WTFF!!! headbonk.gif of course it's me! She thought it could have been my sister (my sister has a dark complexity and is 9 years younger than me)... she moved on... asked me about the engagement, and concluded the following:

1- I need to find some sort of record proving that I legally extended my visa

2- In the event I don't find any records, they would probably still approve the K1 visa because it's been over 10 years; and in the event I had a ban, I would be lifted

3 - She stamped my tourist visa on passport with "Cancelled Without Prejudice"

I broke down in tears at one point, and she said: Miss. This isn't something to cry about!.... ARE YOU KIDDING ME? Our future together is in YOUR hands, lady. I believe I have a right to cry and you should be worried if I wasn't crying at all!!!!

So, this is what I've done so far.... I searched through my emails and found the name of the firm who extended my visa those two times. I called them, explained the situation, and I'm supposed to be calling them in 10 minutes to see if they could locate any records of my business with them.

I'm hoping they do, so I can email it and get this over with.. I've never done anything against the law!

Ok I would love to hear your thoughts... please blush.gif

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Oh Celeste, sorry to hear this, but this is not the worst news. Being that its over 11 years anyways is a good thing. Hopefully the firm have copies of the approval notices from USCIS which they should have if they look hard enough. I think what happens is sometimes people forget to tear the new i94 out and use it.. You should be fine, but you like me yesterday still have to wait now till visa is in hand, the approval wasnt 110% definite. You will be fine, your in good grounds! Keep the faith! Prayers!


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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Oh Celeste, sorry to hear this, but this is not the worst news. Being that its over 11 years anyways is a good thing. Hopefully the firm have copies of the approval notices from USCIS which they should have if they look hard enough. I think what happens is sometimes people forget to tear the new i94 out and use it.. You should be fine, but you like me yesterday still have to wait now till visa is in hand, the approval wasnt 110% definite. You will be fine, your in good grounds! Keep the faith! Prayers!

I just got off the phone with the lawyer. She was very nice and, unfortunately, since it's been 11 years, they couldn't locate the records. I told her everything that happened and I asked for her thoughts.... In her opinion, the Consul is giving me a hard time.. especially since I pointed out that I had never been banned and that I was granted with a new tourist visa.

I'm going to email the Embassy letting them know that, to the best of my knowledge, my extensions were approved and that, since it's been over 10 years, the law firm cannot locate their records.

I'm praying hard for you and for me. It pisses me off to think that so many do things the wrong way or even commit fraud and get away with it... and I have always done things the right way........crying.gif

Thank you for the support rose.gif

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I hear you. Ive always been very careful also and done things the right way in terms of immigration law and everything else. Thats just the way of the world unfortunately. Dont underestimate the power of positive thoughts though! Maybe you should have your fiance contact USCIS first, and see if they can locate your extensions? That way you have more when you contact the consul.

Prayers back at you! :)


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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Sorry to hear this, si man, but at least the situation sounds quite correctable. It seems that your consul is practicing to serve in Guayaquil, but, just between us, she has a long, long way to go.

Keep us posted and keep the faith, si man. :)


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Sorry to hear about this. Hopefully the lawyer firm will find the information that you need to satisfy the requirements :)


Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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Sorry to hear this, si man, but at least the situation sounds quite correctable. It seems that your consul is practicing to serve in Guayaquil, but, just between us, she has a long, long way to go.

Keep us posted and keep the faith, si man. :)

Si, man... you make me laugh, man rofl.gif

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BTW - I thought I would share with you, the email that we sent to the Embassy. I had the lawyer, from the firm that processed my extensions, look at it before I sent it.

-----------------------------

Good afternoon,

As per the Consul's request, I have attempted to locate the hard copies for the two approved B2 Visa extensions granted to me during my stay in the United States during 2001 and 2002. I have contacted the law firm "XXXXX," which processed these extensions for me. However, since the law firm is not obligated to keep records past 7 years, their lawyers were unable to locate this information.

To the best of my knowledge, I can truthfully say that I have processed the extensions under the laws of the United States, and that it was only due to these approvals that I remained within the United States for that length of time. It has been over 10 years since these proceedings took place and I can only give my word that I legally filed, and was approved for, an extension of my B2 Visa.

I shall await your instructions on how to proceed next.

Respectfully yours,

Edited by Celeste & C

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That looks good, hopefully you hear something very soon and all is straightforward for you :)


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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Thank you yes.gif Still praying for us and our journeys!

Have you heard anything on your case?

Hey I got my visa in the mail today! I hope you get good news soon, thanks for the prayers ill continue to pray for you!!

YOU WILL BE FINE!! :-)


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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Hey I got my visa in the mail today! I hope you get good news soon, thanks for the prayers ill continue to pray for you!!

YOU WILL BE FINE!! :-)

Oh such wonderful news! Congratulations! kicking.gif Have a wonderful life with your girl heart.gif

Thank you, again for the prayers. I really appreciate it smile.gif

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Thank you! Please keep me posted!!


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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great thank you! Have you heard anything yet?


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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