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Filed: AOS (pnd) Country: Romania
Timeline
Posted

We are waiting on our 130 to be approved..after leaving US last year in September for some family problems in Romania i returned back to USA in January and i was found inadmissible for the reason that i Overstayed 5 yrs my 6 month permit my B1/B2 visa was canceled and i was given a 5 year ban at newark NJ and had my husband paying for my return ticket back to Romania. Long story short we been married 5 yrs when i enter USA in 2009 i was married in mexico..i divorced and later on married my second and wonderful husband..( he changed my life and im so glad god let me have this great amazing man) We never filled for my status adjustment and now we got in this huge mess..My PD is March 23 at Texas Service Center and now we are getting closer and i'm praying that soon we will have an answer with case approved. I never entered illegal in USA but i know i will have to file a 601 waiver. I just wanted to explain a bit my situation and SAY TO YOU ALL A HUGE HELLLLOOOOO!! :goofy::dancing::dancing::goofy:

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Posted

If you overstayed a B-1/B-2 visa by over a year then it's a ten year bar you received, not a five year bar. Either way, you'll need an I-601 waiver at a minimum after you are found inadmissible at your interview, as you say.

Good luck.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: K-1 Visa Country: Wales
Timeline
Posted

5 year for the deportation, 10 years for overstay.

5 year for the deportation, 10 years for overstay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

*** Thread moved from Introducing Our Members forum to the Waivers/AP forum. ***

Edited by TBoneTX

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(!).

Filed: Timeline
Posted

OP I like you LOL ...you sound so breezy & carefree,

quickly admitted you stayed 5 yrs on a visa to visit,

went home to take of biz then returned..LOL

So why did you wait for your husband to petition you

for so long.....did you not know upon departing you

would not be allowed in.....has you hubby petition you

yet????

So you will need to do consular interview , you have

ten yrs bar waivable for the overstay, your husband

must prove hardship on him in waiver and you will

definitely need a waiver atty from the mere fact you

up & left without getting the proper info to go. Best wishes

Filed: AOS (pnd) Country: Romania
Timeline
Posted

OP I like you LOL ...you sound so breezy & carefree,

quickly admitted you stayed 5 yrs on a visa to visit,

went home to take of biz then returned..LOL

So why did you wait for your husband to petition you

for so long.....did you not know upon departing you

would not be allowed in.....has you hubby petition you

yet????

So you will need to do consular interview , you have

ten yrs bar waivable for the overstay, your husband

must prove hardship on him in waiver and you will

definitely need a waiver atty from the mere fact you

up & left without getting the proper info to go. Best wishes

Well that's the real truth..the immigration officer explained was no other way to turn this around..I have nothing to hide yes i overstayed 5 yrs and no i had no idea this would happen..in my declaration at Newark i said I didnt knew I called my romania consulate asking those incompetent bastards said i have nothing to worry about if my visa is still available..We hire a lawyer and we sent in the paperwork for my I-130 PD march 23 ..Im closer to my 5 month so i'm waiting for a positive answer pretty soon..

I know i will be given 10 yrs waiveable i was only saying i was given 5 yrs on my b1/b2 ..the immigration officer explained me and said the only way i can return back to USA is for my husband to file for my status adjustment other than that i wont be able to get with any other visa for 5 yrs.

U live 5 yrs in USA and ppl keep telling u, u are an american as soon as u married on no worries..we called immigration few times to get my papers done..but we never filled..If my priority was a green card be sure i would've done it the second week after i was married but this didnt represent me i didnt marry my husband for documentation ..my husband had few rough yrs and as a good wife i stood by him and help him front his difficulties and we got here.

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Filed: AOS (pnd) Country: Romania
Timeline
Posted

If you overstayed a B-1/B-2 visa by over a year then it's a ten year bar you received, not a five year bar. Either way, you'll need an I-601 waiver at a minimum after you are found inadmissible at your interview, as you say.

Good luck.

They give me 5 yrs for my B1/B2 visa ..i cant get any visa for 5 yrs..thats what that ban is..I know i will have to talk with a consular officer to be given the 10 year ban becasue only the consulate can issue that ban.

Thank you

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Posted

The ten year bar took effect the day you departed the US. Certainly the embassy will *inform* you of it, but that's just a formality.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: AOS (pnd) Country: Romania
Timeline
Posted

The ten year bar took effect the day you departed the US. Certainly the embassy will *inform* you of it, but that's just a formality.

Thank you...Waiting on that at the interview.

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Filed: K-1 Visa Country: Wales
Timeline
Posted

Your B Visa was voided the minute you overstayed. So the Romanian Consulate were sort of right, however they would not be the people to ask about US Immigration

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (pnd) Country: Romania
Timeline
Posted

Your B Visa was voided the minute you overstayed. So the Romanian Consulate were sort of right, however they would not be the people to ask about US Immigration

what u mean they were right? they told me i wont have any problems coming back...i think they did this intentionally.

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Filed: K-1 Visa Country: Wales
Timeline
Posted

If your visa was still available you said.

It wasn't. You had no visa, you had voided it

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (pnd) Country: Romania
Timeline
Posted

If your visa was still available you said.

It wasn't. You had no visa, you had voided it

well u don't know this till u come back ..don't you?? when i left no one told me..that's how they get u..but that's ok i needed to get my status adjusted. so it all happen for a reason.

I'm not arguing this because it is all my fault and my husbands for not applying..we couldn't apply for the first 2 yrs because we had some other issues with his child support and we waited for him to get 3 yrs of taxes and etc. and the rest u know i left for some stupid biz and this is what happened. now i'm saying yes i did cross the law by overstaying but i thought it wont apply to me bc i got married. anyway was our ignorance that got us here..we shouldve read and get well informed.

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

Filed: K-1 Visa Country: Wales
Timeline
Posted

When you entered your passport was stamped with the date you had to leave by.

When you went beyond that date your visa was voided, nobody had to tell you anything, there are no immigration controls on leaving the US.

5 year ban if for deportation, so presumably they deported you rather that allowed you to withdraw your application to enter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (pnd) Country: Romania
Timeline
Posted

When you entered your passport was stamped with the date you had to leave by.

When you went beyond that date your visa was voided, nobody had to tell you anything, there are no immigration controls on leaving the US.

5 year ban if for deportation, so presumably they deported you rather that allowed you to withdraw your application to enter.

My passport was not stamped Honey!! so idk what are we talking about..i came from mexico trough el paso driving

My passport was not stamped Honey!! so idk what are we talking about..i came from mexico trough el paso driving

Was a conversation of two sentences.. hello/hello where u going/ safe trip! (They said oh uuuuu good looking chick moves in USA! )

“Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. You shall begin it serenely and with too high a spirit to be encumbered with your old nonsense.Ralph Waldo Emerson

 
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