AOS denial: USCIS said i left the country but i did not

[Dave&Roza 748]

This is a lot of good information about airlines. I was going to book my fiancés flight 2 ways, but now I will book her flight only one way even if it is more expensive. This way there will be no question of her returning to her country. Learn something on VJ every day.

I booked my wife's ticket as a RT with the return date 87 days from her entry date--just on the off chance we did not get married. Once married I informed the airline I was not using the return leg and kept their confirmation number. For us the RT was almost $1200 less than the one-way. That pays for AOS. It can be done just make certain you officially cancel the return flight rather than not showing up.

Dave

[bigdog 376]

Why did you have a ticket if you had no intent on leaving? Interesting facts per post.

[asdfg 18]

Why the itinerary is considered an evidence of departure? Is this an error or there is an actual regulation that states 'this is how it has to be'?

Itinerary is like intention. If you intend to do something but change your mind and don't do it, is it possible to be considered as done?

Very odd to hear that others had similar experiences.

Many good priced tickets are in fact non-refundable. So, if someone buys a ticket that he or she can not return or cancel, then are they 'stuck' in a system showing they have departed? How could this be?

There is some error, I am sure. Laws are not written and don't work that way in US. Laws here are not arbitrary , they are just and fair.

You can confidently take this to court if this is the only reason/issue for I-485 denial.

But before you go to court do some work. #1 - get a proof , a verifiable evidence that you did not depart. Contact airlines, have them if possible provide you with a certified letter. If not, try at least to get as official document as possible. Notarize that document if needed. Collect whatever evidence you can to prove you were here when and after the flight departed.

#2 - do some serious research and find a lawyer who is worth consulting.

Good luck.

[JimJane 4]

You can confidently take this to court if this is the only reason/issue for I-485 denial.

But before you go to court do some work. #1 - get a proof , a verifiable evidence that you did not depart. Contact airlines, have them if possible provide you with a certified letter. If not, try at least to get as official document as possible. Notarize that document if needed. Collect whatever evidence you can to prove you were here when and after the flight departed.

#2 - do some serious research and find a lawyer who is worth consulting.

Good luck.

That was the only reason.

[epsonderby 85]

Interesting that they didn't mention it at the interview at all, or that there wasn't an RFE during the processing asking you for evidence that you didn't leave?

[JimJane 4]

I really want to find out if the motion to reopen should be filed at my local uscis or somewhere else?

I already got in touch with the travel agency to look into getting some kind of letter from the airline

[JimJane 4]

Interesting that they didn't mention it at the interview at all, or that there wasn't an RFE during the processing asking you for evidence that you didn't leave?

They concluded i left..They checked on all my entry stamps into the US( been here on many other previous visits).

It may be they concluded to deny on that technicality even before we appeared for the interview

[epsonderby 85]

They concluded i left..They checked on all my entry stamps into the US( been here on many other previous visits).

It may be they concluded to deny on that technicality even before we appeared for the interview

Surely your entry stamps would have validated your story? Do they assume you then re-entered illegally without inspection then?

I'm worried I might get myself into a similar situation down the line. The country I had tickets for on my date of departure would have had to stamp me back into the country, which I of course don't have. Which country were you meant to have flown into when leaving the US? Would they have given you an entry stamp had you arrived? could you contact them and get them to say you didn't enter?

[modmodgirl 2]

We had an interview yesterday, and my spouse was grilled about the round trip ticket here. Why he bought the roundtrip, instead of a one way ticket. He didn't cancel the return trip, and the agent gave us a hard time about it. He explained the cost was $3000 for a one way and all we could afford was the round trip ticket. She let that pass, so I guess it depends on the agent? Our case was approved, so we were lucky. I would file a petition!

[epsonderby 85]

The OP didn't intend on staying here, hence he attempted to adjust from a B-1 so of course he would have a return ticket. I wouldn't know why they'd think it's so odd. It concerns me a little that the US government rely on airlines to update their manifests. There should be a more credible system that flags up when someone doesn't check-in or something - maybe ICE would catch more overstays that way?

[djricky4 67]

sorry to hear. a lawyer is the best way forward

[JimJane 4]

Surely your entry stamps would have validated your story? Do they assume you then re-entered illegally without inspection then?

I'm worried I might get myself into a similar situation down the line. The country I had tickets for on my date of departure would have had to stamp me back into the country, which I of course don't have. Which country were you meant to have flown into when leaving the US? Would they have given you an entry stamp had you arrived? could you contact them and get them to say you didn't enter?

My thoughts too. The airline are telling me they can't issue me a letter(spoke to them on the phone),so i dont know wht to do now

[AmyWrites 593]

So then the advice given here often that buying a return ticket (as it's cheaper) is okay is wrong? Now I'm worried, hubby entered on a CR1, but we have a return ticket we won't use or will just make it a short visit.

[HK12 273]

So then the advice given here often that buying a return ticket (as it's cheaper) is okay is wrong? Now I'm worried, hubby entered on a CR1, but we have a return ticket we won't use or will just make it a short visit.

I am now getting worried as well. Once I have my visa (still waiting for Pack3, but a little planning can't harm), I had planned on using a round-trip ticket to get to the States. A one-way flight would be $3400 more than the round-trip one, and I for sure cannot afford wasting my money like that. Good to know about it beforehand, but unfortunately, a $4000+ one-way flight is out of question... I guess I'll have to look into other options.

Just to make sure, if I did have a return ticket, but I canceled it say on the day I arrive in the States with my airline, I wouldn't have any problems - right???

[Tanja08 11]

That's scary! Since I never planned on staying here I never canceled my ticket!

Great! That's what I need another reason to freak out about!!!

How come the USC has no rights in cases like that?

I understand that people on visitor visas can't appeal but how come my husband ( a law biting citizen) can't.

I just don't get it