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Geeg

Help-can i visit while 824 processing??

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Hi, just wondering if anyone has insight on if I can visit my husband while my 824 is pending.  Background includes an 8 year green card application that was abandoned as a stupid lawyer sent me out of the USA on an expired AP so I have to start from scratch again.  My husband's green card came through in December and my 824 went in January 2019.  I will have the history of the previous green card application with tons of evidence of what happened.  

 

I'm hoping to attempt to visit as it's been a year since the misguidance and the length of time is 3 months.  I plan to travel to south east asia after 3 months in USA.  I have visas and travel documentation to prove it.  Plus, consular processing in itself means I can't get PR while in the USA so I have to leave.  I'm sure you all know but you can't go from CP to AOS so there is no chance I will stay.  I'm hoping that the huge file of 8 years of PR application shows the officer that I am lawfully following USCIS mandates.

 

I have extensive files for the customs officer as well outlining any questions they may have about our PR journey.

 

Please no angry comments.  If you can imagine you left the USA on advice from a bad lawyer thinking you would just leave for a couple months to have it turn out to be about 2.5 years, it's really awful.  I know I am stupid for listening to the lawyer.  Trust me, I live it every second.  So please no need to reiterate that.

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Hi, just wondering if anyone has insight on if I can visit my husband while my 824 is pending.  Background includes an 8 year green card application that was abandoned as a stupid lawyer sent me out of the USA on an expired AP so I have to start from scratch again.  My husband's green card came through in December and my 824 went in January 2019.  I will have the history of the previous green card application with tons of evidence of what happened.  

 

I'm hoping to attempt to visit as it's been a year since the misguidance and the length of time is 3 months.  I plan to travel to south east asia after 3 months in USA.  I have visas and travel documentation to prove it.  Plus, consular processing in itself means I can't get PR while in the USA so I have to leave.  I'm sure you all know but you can't go from CP to AOS so there is no chance I will stay.  I'm hoping that the huge file of 8 years of PR application shows the officer that I am lawfully following USCIS mandates.

 

I have extensive files for the customs officer as well outlining any questions they may have about our PR journey.

 

Please no angry comments.  If you can imagine you left the USA on advice from a bad lawyer thinking you would just leave for a couple months to have it turn out to be about 2.5 years, it's really awful.  I know I am stupid for listening to the lawyer.  Trust me, I live it every second.  So please no need to reiterate that.

 

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23 minutes ago, Geeg said:

Hi, just wondering if anyone has insight on if I can visit my husband while my 824 is pending.  Background includes an 8 year green card application that was abandoned as a stupid lawyer sent me out of the USA on an expired AP so I have to start from scratch again.  My husband's green card came through in December and my 824 went in January 2019.  I will have the history of the previous green card application with tons of evidence of what happened.  

 

I'm hoping to attempt to visit as it's been a year since the misguidance and the length of time is 3 months.  I plan to travel to south east asia after 3 months in USA.  I have visas and travel documentation to prove it.  Plus, consular processing in itself means I can't get PR while in the USA so I have to leave.  I'm sure you all know but you can't go from CP to AOS so there is no chance I will stay.  I'm hoping that the huge file of 8 years of PR application shows the officer that I am lawfully following USCIS mandates.

 

I have extensive files for the customs officer as well outlining any questions they may have about our PR journey.

 

Please no angry comments.  If you can imagine you left the USA on advice from a bad lawyer thinking you would just leave for a couple months to have it turn out to be about 2.5 years, it's really awful.  I know I am stupid for listening to the lawyer.  Trust me, I live it every second.  So please no need to reiterate that.

 

Unfortunately, a lot of people overstay and never try to adjust.......they just stay illegally.........I think the only person who can answer your question is the CBP officer you see when you try to enter.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Sound like you may well have a ban for illegal presence, but a bit of a guess.


“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.”

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Can you elaborate?  You think like banned for life? 

 

I don't have accrual of unlawful status.  There are some who have been allowed to visit so I don't think I would be banned especially showing how we followed every request and rule.  Legally, you can visit up to 3 months, normally Canadians have 6 months but from what I understand, with a pending i824, it's only 3 months.

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Posted (edited)

Having no knowledge of your past history, you mentioned 8 year GC process leaving without AP, I would be guessing blindly.

Edited by Boiler

“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.”

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{Mod Action}

Two threads of the same topic merged and moved to "Tourist Visa " section of the forum. Do not start more than one thread about the same topic.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)
21 hours ago, Geeg said:

Hi, just wondering if anyone has insight on if I can visit my husband while my 824 is pending.  Background includes an 8 year green card application that was abandoned as a stupid lawyer sent me out of the USA on an expired AP so I have to start from scratch again.  My husband's green card came through in December and my 824 went in January 2019.  I will have the history of the previous green card application with tons of evidence of what happened.  Immigrant intent completely works against you when trying to visit the US. 

 

I'm hoping to attempt to visit as it's been a year since the misguidance and the length of time is 3 months.  I plan to travel to south east asia after 3 months in USA.  I have visas and travel documentation to prove it.  Plus, consular processing in itself means I can't get PR while in the USA so I have to leave.  I'm sure you all know but you can't go from CP to AOS so there is no chance I will stay.  I'm hoping that the huge file of 8 years of PR application shows the officer that I am lawfully following USCIS mandates.  

Immigrant intent completely works against you when trying to visit the US. 

 

I have extensive files for the customs officer as well outlining any questions they may have about our PR journey.  

 

Please no angry comments.  If you can imagine you left the USA on advice from a bad lawyer thinking you would just leave for a couple months to have it turn out to be about 2.5 years, it's really awful.  I know I am stupid for listening to the lawyer.  Trust me, I live it every second.  So please no need to reiterate that.

Immigrant intent completely works against you when trying to visit the US. 

 

You have no chance to get a tourist visa to the US.  Bringing them a huge file of your attempt to immigrate to the US will work against you in trying to get a tourist visa.

 

Future plan to visit Asia is meaningless.  Those are not strong ties to home.

 

I have to go back for my consular interview is not a strong tie to home.  The US Embassy have heard this before.  They will come to the conclusion that your intent is not to visit your husband, but to use the tourist visa to come live with him and then take a trip home for consular interview to get your visa.  Coming to live with him is not permitted on a tourist visa.  

 

To get AP, you must have been trying to adjust status in the US.  

 

You have so much working against you for a tourist visa.  I see no chances of you being able to visit.

Edited by aaron2020

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Thank you for the feedback.  My background includes a 9 year green card application.  In November 2017, our GC was denied due to a handling error that was overturned by AAO in June 2018.  During that time, my EAD and AP expired.  Lawyer sent me to Canada while waiting on AAO.  She didn't tell me that I was abandoning green card.  The USCIS handling the GC is aware and are trying to push my/our case through.  Canada was supposed to be a place for 2 months and now I am trapped here.  I have no family except my husband and we have been forced apart since May 2018.  I am waiting on a job offer in Caribbean which was supposed to be handled 2 weeks ago which was my initial explanation to the CBP as to why I want to visit.  (awaiting visa which takes 6 weeks to 3 months).  I don't have the offer letter so that won't hold.  I do have a flight and reservations in a hotel in South East Asia, as back up if the Caribbean falls through.

 

The new GC application now CP vs AOS went in January so I have another year before I am allowed back home.  

 

I've read so many people getting to visit and I have nothing to hide.  I am doing EVERYTHING legit.  You don't waste 9 years for a GC if you aren't.  

 

What our lawyer did was awful.  Ironically, she dropped us as clients after she figured out what she did.  That's in the past but I am emotionally a mess and would do anything to see friends and family just once.  It's already been one year and I have another 1.5 years to go.

 

I have letters to the Area Dir of USCIS and there are notes all over our file.  My record is clean, not even a speeding ticket, and I have no accrual of unlawful status.  That is what the old lawyer was hung up on, so much so, she overlooked the awful mistake she made.

 

After all this, there is NO way I would endanger getting a GC and I will explain that to the CBP.  

 

I do have a lease, electric bills etc all in my name but my plan is to leave Canada and travel so I can bring all that but I want to be completely honest because that in itself could endanger CP.  

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Sorry for what you are going through. 

 

This is not what you want to hear.  Understand that I am trying to help you.  

 

You have strong immigrant intent and weak ties abroad.  Maybe Caribbean.  Maybe Asia if Carribbean falls through.  Future plans don't count.  You have no current strong ties.  As you stated, you have no family except your husband.

 

You want to use the tourist visa to come back to live with your husband until you need to make a brief trip for your visa interview.  That's the reality of this and why you will not get a tourist visa.  Sorry for the cold hard truth.  You are already mad and worked up.  Spinning your wheels on a tourist visa is not going to help.

 

There are TONS of people on VJ who have had to wait for immigration visas who have been denied visitor visas to "visit" their spouses.  You will be treated no differently than them.  

 

People who visit don't have expired AP.  They have strong ties to home - long term jobs, family, etc.  They have the advantage of the VWP.  You don't like many people including my family.  Separation is part of the immigration process.  You have to accept it. 

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5 minutes ago, aaron2020 said:

Sorry for what you are going through. 

 

This is not what you want to hear.  Understand that I am trying to help you.  

 

You have strong immigrant intent and weak ties abroad.  Maybe Caribbean.  Maybe Asia if Carribbean falls through.  Future plans don't count.  You have no current strong ties.  As you stated, you have no family except your husband.

 

You want to use the tourist visa to come back to live with your husband until you need to make a brief trip for your visa interview.  That's the reality of this and why you will not get a tourist visa.  Sorry for the cold hard truth.  You are already mad and worked up.  Spinning your wheels on a tourist visa is not going to help.

 

There are TONS of people on VJ who have had to wait for immigration visas who have been denied visitor visas to "visit" their spouses.  You will be treated no differently than them.  

 

People who visit don't have expired AP.  They have strong ties to home - long term jobs, family, etc.  They have the advantage of the VWP.  You don't like many people including my family.  Separation is part of the immigration process.  You have to accept it. 

Well I ma still trying to piece together the jigsaw, seems like the Husband obtained a GC last December so spouse of a LPR would be 2 years plus.

 

Best bet would be to make a life in Canada, get a job etc give it some time and try again. Meanwhile Husband can visit.


“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.”

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Thanks Aaron2020.  Not sure where you got the 'already mad and worked up'.  I'm just stating facts.  May I ask what do you mean by 'you don't like many people including my family'? 

 

Note, I have already been separated for a year, so I have already accepted it........just seems cruel you can't visit your home once in 2.5 yrs all because of a mistake by a lawyer.  I don't have the advantage of long term jobs etc as I this all happened a year ago.

 

What is VJ and VWP?  

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1 minute ago, Boiler said:

Well I ma still trying to piece together the jigsaw, seems like the Husband obtained a GC last December so spouse of a LPR would be 2 years plus.

 

Best bet would be to make a life in Canada, get a job etc give it some time and try again. Meanwhile Husband can visit.

Follow to join more likely.  

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1 minute ago, Geeg said:

Thanks Aaron2020.  Not sure where you got the 'already mad and worked up'.  I'm just stating facts.  May I ask what do you mean by 'you don't like many people including my family'? 

 

Note, I have already been separated for a year, so I have already accepted it........just seems cruel you can't visit your home once in 2.5 yrs all because of a mistake by a lawyer.  I don't have the advantage of long term jobs etc as I this all happened a year ago.

 

What is VJ and VWP?  

VJ = VisaJourney.  VWP = Visa Waiver Program.

 

You don't have access to the VWP like many people including my family.  The VWP is what allows people from certain countries to visit the US without having to get tourist visas.  My family does not have access to this and has to deal with family separation like you.

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OP is in Canada, I assume Canadian?


“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.”

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