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BluesDancer

AOS denied: Overstayed Visa: Penalty leaving within and past 30 days

By BluesDancer in Effects of Major Family Changes on Immigration Benefits

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TBoneTX Grand Master

TBoneTX   43,133

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

Older thread is closed in favor of this one.

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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(!).

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Sparkle Sparkle
Sparkle Sparkle

Vjers find out everything 😊

Boiler
Boiler

Presumably she has been put in deportation proceedings. Best to head home asap.

gramercygreen
gramercygreen

Wait. She was denied AOS because she didn't include the I-864. Couldn't she have re-filed the AOS with the proper forms within the 30-day period? Or am I just confused?   Regardless, at this

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
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Posted

Eh, you sound delightful.

 

Also that's a good advice for ALL K1 FILLERS - TAKE TIME TO MEET YOUR FUTURE SPOUSES.

K1 visa is not a visa to CHECK if you're "compatible".

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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The_Empyrean Community Regular

The_Empyrean   733

Posted
Filed: K-1 Visa Country: Lithuania
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Posted

Holy molly..
Don't ever talk to her, DO NOT meet her in person without a lawyer or anyone present. She came here for a specific reason, and it wasn't you, i'm sorry that you have to go thru that. File for divorce ASAP. She'll have to go back eventually, especially when she has now lawyer bills to pay lol.

On the other comments, i agree, K-1 isn't a visa to "meet" and figure out a relationship. It's a visa to get married. We spent 4 years back and forth, her staying 3months 2times. I proposed early (6months into relationship), but i wasn't rushing the marriage, nor getting her here. First need to see how compatible we are. Romantic love is easy as you're blinded and see only best sides, everyday love is when you start seeing all the things that you didn't want to see. Little things that start to annoy or get on your nerves.

I wish you all the best in this tough journey.

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BluesDancer Explorer

BluesDancer   147

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
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Posted

I could use some help.

1) A person I am helping overstayed their visa 180 days.

2) Her AOS of status denied giving her 30 days to leave. She stayed past the 30 days.

3) She won't be  able to get approved reapplying for AOS.

Question: What is the penalty for leaving the USA AFTER 30 days being overstayed and AOS denied.

 

Question: What is the penalty for leaving the USA WITHIN 30 days to leave, being overstayed and AOS denied.

 

Question: Can this person reapply for AOS to avoid a 10 year ban and leave withing 30 days using the second denial.

 

Thank you

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Becci391 Proficient

Becci391   339

Posted
Filed: Lift. Cond. (apr) Country: Germany
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Posted

Sounds like the person is facing a ban. Not sure for how long the ban would be. Probably 10 years.

 

Why was her AOS denied?

Why is she still in the country if she was supposed to leave?

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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igoyougoduke Experienced

igoyougoduke   1,605

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
14 minutes ago, BluesDancer said:

I could use some help.

1) A person I am helping overstayed their visa 180 days.

2) Her AOS of status denied giving her 30 days to leave. She stayed past the 30 days.

3) She won't be  able to get approved reapplying for AOS.

Question: What is the penalty for leaving the USA AFTER 30 days being overstayed and AOS denied.

 

Question: What is the penalty for leaving the USA WITHIN 30 days to leave, being overstayed and AOS denied.

 

Question: Can this person reapply for AOS to avoid a 10 year ban and leave withing 30 days using the second denial.

 

Thank you

What is her AOS cased based on ?  unless AOS is based on marriage to citizen she has issues with deportation order

Any unlawful stay is heavy hammer for it to be used against the applicant.  180 days triggers 3 years ban and 1 year over stay triggers 10 year ban. there is no ban < 180 days but the next time she tries to reentry will be a question mark on her intentions.

Longer she stays in unlawful status, the harder it gets if she leaves and try's to get back into the country.

duh

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BluesDancer Explorer

BluesDancer   147

Posted
Filed: K-1 Visa Country: Philippines
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Posted
8 minutes ago, Becci391 said:

Why was her AOS denied?

Why is she still in the country if she was supposed to leave?

AOS was denied because she didn't include the I-864.

 

She was still in the country hoping to save her marriage.

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Boiler Grand Master

Boiler   43,518

Posted
Filed: K-1 Visa Country: Wales
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Posted

Presumably she has been put in deportation proceedings. Best to head home asap.

“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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gramercygreen Contributor

gramercygreen   34

Posted
Filed: F-1 Visa Country: Canada
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Posted

Wait. She was denied AOS because she didn't include the I-864. Couldn't she have re-filed the AOS with the proper forms within the 30-day period? Or am I just confused?

 

Regardless, at this point, there's not much else that can be done. I think the person's going to have deal with a ban. And no, I don't think she can apply for another AOS.

 

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Boiler Grand Master

Boiler   43,518

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
21 minutes ago, gramercygreen said:

Wait. She was denied AOS because she didn't include the I-864. Couldn't she have re-filed the AOS with the proper forms within the 30-day period? Or am I just confused?

 

Regardless, at this point, there's not much else that can be done. I think the person's going to have deal with a ban. And no, I don't think she can apply for another AOS.

 

Hubby is or will be ex hubby?

“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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Going through Mentor

Going through   5,668

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
5 hours ago, gramercygreen said:

Wait. She was denied AOS because she didn't include the I-864. Couldn't she have re-filed the AOS with the proper forms within the 30-day period? Or am I just confused?

It sounds like the USC is no longer interested in pursuing the marriage, so refiling was out of the question, given the below statement:

 

5 hours ago, BluesDancer said:

She was still in the country hoping to save her marriage.

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Duke & Marie Proficient

Duke & Marie   1,389

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted (edited)
1 hour ago, Going through said:

It sounds like the USC is no longer interested in pursuing the marriage, so refiling was out of the question, given the below statement:

 

 

I think the OP is the USC married to the lady in question

 

 

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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Sparkle Sparkle Proficient

Sparkle Sparkle   913

Posted
Filed: K-1 Visa Country: Germany
 Timeline
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Posted (edited)
3 minutes ago, Duke & Marie said:

I think the OP is the USC married to the lady in question

 

 

Vjers find out everything 😊

Edited by Sparkle Sparkle

Speak the truth even if your voice shakes

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