Based on my info, how do you think the appointment will go?

[Blu_Butt 0]

My case is so messed up, but in any case, here is my history, which I think is going to be relevant at my interview.

Came to Florida Sept 13, 03 - Nov 04, 03. Got engaged while I was there.

Nov 10th I tried to go back down for 10 days over thanks giving. Denied entry because they saw the ring, even though I NEVER disclosed I was engaged. I also had a return ticket. I had to return for an appointment with my surgeon, otherwise I would have stayed until after Thanks Giving. Told I could try again but to bring proof of ties and equities.

Nov 12th, brought my ties and equities, denied entry, told not to come down for 6 months.

March 12th, 04 drove across the border, shipped car to Florida, flew down from Oregon.

October 30th, 04 get married in Las Vegas.

Here is where bad legal advice starts....

Sept 17th, 05 I was told by our attorney to go home and "reset" my visitors visa by staying a couple weeks, then coming back again as a visitor. Yeah, I know. We won't go there.

So I get stuck in Canada for 4 months until I can't take it anymore and again drive across the border and fly down to Florida (Almost 8 months pregnant to boot!). That was Feb 30th, 2006.

March 21st, 2006 our daughter was born.

We started our AO in December 06, and just got our NOA for the interview yesterday.

Now I'm freaking out. I've prepared myself for the fact that I will be denied. Possibly even placed in removal proceedings. Our lawyer (a new one, by the way!) doesn't seem to think it's a big deal, because he says over staying is "forgiven", if you will, by marriage to a USC. HOWEVER, my issue is the fact that I left WHILE married, then came back in the country as a visitor.. while married.

For the record, both times I drove across the border they barely said 2 words to me. The first guy didn't say anything, just looked at my drivers license, and waved me through. Didn't even ask where I was from. The second guy took our licenses (there was car full of people) and asked what we were doing in the states, the driver said "shopping". That was it. I never said anything.

I'm going to be denied, aren't I?

Edited April 24, 2007 by Blu_Butt

[Dr_LHA 3]

Officially they could deny you for having "intent" when you last entered yes.

However you'll probably be OK, many USCIS interviewing officers don't even bother with the intent issue, especially as you don't sound like a immigration fraud (i.e. married only for a green card) case. I've heard of many people in your situation where "intent" could be an issue who got their green cards no problem, and their interviewers never even mention it.

Try to be as positive as possible, hopefully you won't be dissappointed.

BTW - your lawyer is correct, the overstay won't be an issue.

[raymaga 25]

When is your interview? Let us know how it goes afterwards.

Good luck to you and best wishes for a successful interview.

[Blu_Butt 0]

When is your interview?

Not till the end of June. I'll be lucky if I don't an ulcer by then. Stress, stress, stress!!

[Achromatic 0]

Without sounding snarky and pessimistic, because from what you say, it sounds like you're probably safe! :

Nov 10th I tried to go back down for 10 days over thanks giving. Denied entry because they saw the ring, even though I NEVER disclosed I was engaged. I also had a return ticket. I had to return for an appointment with my surgeon, otherwise I would have stayed until after Thanks Giving. Told I could try again but to bring proof of ties and equities.

Your disclosure (or not) has very little to do with anything. Decisions are made upon evidence, not (just) what you do or don't say.

Nov 12th, brought my ties and equities, denied entry, told not to come down for 6 months.

March 12th, 04 drove across the border, shipped car to Florida, flew down from Oregon.

If anything, this is what might hurt you.

Why did you return WHILST under exclusion? (Four months, last I checked, is less than six.)

[Achromatic 0]

Without sounding snarky and pessimistic, because from what you say, it sounds like you're probably safe! :

Nov 10th I tried to go back down for 10 days over thanks giving. Denied entry because they saw the ring, even though I NEVER disclosed I was engaged. I also had a return ticket. I had to return for an appointment with my surgeon, otherwise I would have stayed until after Thanks Giving. Told I could try again but to bring proof of ties and equities.

Your disclosure (or not) has very little to do with anything. Decisions are made upon evidence, not (just) what you do or don't say.

Nov 12th, brought my ties and equities, denied entry, told not to come down for 6 months.

March 12th, 04 drove across the border, shipped car to Florida, flew down from Oregon.

If anything, this is what might hurt you.

Why did you return WHILST under exclusion? (Four months, last I checked, is less than six.) The whole thing, too, about driving over the border from Canada, and then getting your car shipped to Florida while you flew shows a HUGE INTENT to willfully break the exclusion and violate immigration law.

[Blu_Butt 0]

Had the interview this morning - PASSED. She asked me when I last entered, my date of birth, when we married, verified the age of our daughter, then stamped my passport and told me my green card should be here within a month.

I so freaking nervous that when she asked when I last entered I said February 30th. My attorney nicely pointed out there aren't 30 days in February. Duh, I meant January. And then when she asked when we were married I said 2003 instead of 2004.

I was so freaking nervous my hands were shaking like crazy, and I ate and ENTIRE package of Cinnamon ice breakers. And I drank so much coffee this morning because I didn't sleep last night, that I had to pee so bad during my interview but was afraid to visit the restroom while waiting because I figured that would be when we were called.

I think we were in there for about 10 minutes. If that.

Good luck everyone!!

[Kez/JWolf 6]

Congratulations...... glad it all worked out for you..

Kez

[mozplay 28]

Congrats! Now you can go take care of the ulcer that you must surely have by now, lol.

Mo

[Dr_LHA 3]

Congrats!

So I take it the question of "intent" never came up then?

[Cécy 44]

Congratulations!!!

I bet having proof that you had a daughter together help. It's hard to get better proof that the relationship is bonafide, and I think that's mainly what they worry about. They can even understand the need you had to be with your husband when you were pregnant. But it didn't come up so even better.

Now chill and wait for the mail

[Nancy2015 2]

Congrats!!!

[txgirl75 0]

Congratulations, glad your interview went well!