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

[epsonderby 85]

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

Same as me! It's something I'll be worrying about now until I get to interview!

[Tanja08 11]

Same as me! It's something I'll be worrying about now until I get to interview!

Well we will worry together!!! It's just disturbing to me!

[Hypnos 6,576]

I understand that people on visitor visas can't appeal

People on visitor's visas can appeal; people on visa waivers cannot.

[james&olya 1,121]

Well we will worry together!!! It's just disturbing to me!

We had round-trip tickets. Never cancelled the return. Never asked about it. Got AOS without any problems. I am betting that 99% or more of people in my position have had the same experience. But even a slight chance of a major hassle probably makes it worth it to cancel that return at least a day or more before the date on it!

[Tanja08 11]

People on visitor's visas can appeal; people on visa waivers cannot.

I am vwp! I understand that I can't, I understand I signed my rights away!!!

But my husband and my son didn't!!! It's hard enough to go through this in general, but then get denied because an airline doesn't keep track? Seems silly to me!!! Just venting I guess

[Tanja08 11]

We had round-trip tickets. Never cancelled the return. Never asked about it. Got AOS without any problems. I am betting that 99% or more of people in my position have had the same experience. But even a slight chance of a major hassle probably makes it worth it to cancel that return at least a day or more before the date on it!

Sure it does, of I would have known what I know now, I would have cancelled but I didn't think that I would spend the rest of my life here!

[habibi11 16]

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.

Same here we were going to book round trip bc its much more cheaper.... but if its an issue then i guess we will need to do one way... love this site...

[Julie y Pat 67]

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.

with a CR1 visa, your husband could have arrived in the US and left the same day with no ill effects as there is no AOS to abandon. still a good idea to cancel if not used, though. an LPR has residency requirements to meet, and if the airline were to make the same mistake as in the OP's case, it could look like you left the US months or years ago. would make naturalization difficult, and Removal of Conditions, too, I would imagine.

[islandgal 74]

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

What airline is it?

[Harpa Timsah 13,258]

People - stop freaking out. 1. This is a very rare occurrence. 2. Just cancel the return leg of your flights.

I have cancelled flights and have even got credit for future flights by doing so, even on "nonrefundable" tickets. Even if you get no money, they should let you cancel.

To epson, I am quite surprised they did not let you cancel, because if you cancel with them, they get a chance to resell their seat (more money for them).

OP - Relax, make and infopass, and get instructions on how to file the motion, if you need help. Or get a lawyer. There are ones that offer free or sliding scale services.

This is also an excellent time to get in touch with your spouse's congressperson. S/he can help grease the wheel.

[del-2-5-2014 1,339]

You will need to contact the airline and get them to show that you were not on that flight. You did not cancel the flight in advance, the airline did not properly update their flight manifest (their mistake) and the exit tracking system says that you left. it is always best to cancel your flights, this issue has happened before. I would do the motion to reopen, and get the new evidence. You can search prior threads, like I said, this has happened before.

Just out of curiosity, will I need to cancel my Fiancee return leg of a round trip ticket when she gets here?

[Harpa Timsah 13,258]

Just out of curiosity, will I need to cancel my Fiancee return leg of a round trip ticket when she gets here?

Yeah, I would. It just takes a phone call.

[ceadsearc 515]

This was an error by the airline. USCIS had no choice but to deny as they have "proof" the OP left but in actuality the airline messed up. It's very rare even if you forget to cancel the second portion.

OP, I agree with Harpa. Make an Infopass. Find out what you'll need. If you are having trouble getting it consult with a lawyer. If you can't afford one, call your county social services and ask them to refer you to legal aid.

[Reyan 56]

I also bought my wife a round trip ticket, and was able to cancel the return trip through the airline's website.

[Dave&Roza 748]

I also bought my wife a round trip ticket, and was able to cancel the return trip through the airline's website.

Before deciding which to purchase I did call Lufthansa and asked them if I could cancel the return part of the flight should I need to. I was told that that was okay. So I purchased a RT with the return part 87 days after arrival. That way I was covered should we not get married within the 90 days for the K-1. Once married I went on their website and canceled the flight and received a confirmation number. I've kept that just as proof that the flight was canceled and my wife did not leave the country. Plus Lufthansa got my money and maybe was able to sell that seat.

The important thing about buying a RT ticket is to actaully cancel it with the airlines before the flight and receive a cancelation number you can use as proof the flight was canceled. DO NOT leave it up to the airlines to automatically cancel the flight as it may come back to bite you--as in the case of the OP. A few minutes on their website or the phone will save you lots of grief later.

Dave

Edited September 8, 2012 by Dave&Roza