Overstayed J1 Married US Citizen. AOS 1 year plus

[Bariskurt 55]

Hello,

it's complicated here but any suggestion appreciated..

I came to States under J1 (2 years rule waived) 09/15/2012 - Changed the status to F1.. while on F1, my wife's employer sponsored us for Green Card. She was on E1. 
Her status approved to PR but I got denied because didn't maintaine the F1 status for a week or so.. because I forgot to pay school fees and the school removed me from Sevis.

after couple of motion applications and re-applications I kept denied. so we decided to apply for 601A along with the I130. I130 approved no interview but 601A got denied.

Now my wife became a US citizen and I applied for AOS again on 04/04/2022 with my consular approved I130. 
On 01/13/23 I have my AP approved. didn't used it for travel still waiting.. no rfe or interview request since then.. 
what are my chance to be approved for AOS. no criminal record or anything.. no deportation letter.. it's been a year since I applied again, people keep getting rfe's for medical but I didn't receive anything yet.

[milimelo 4,196]

~Moving to AOS from student, work, visit visa. 

[OldUser 4,799]

Overstay is forgiven if you are married to US citizen.

[Boiler 43,434]

Did you do a FOIA?

 

Why was your waiver not approved.

[Bariskurt 55]

3 minutes ago, Boiler said:

Did you do a FOIA?

 

Why was your waiver not approved.

No why? My attorney didn’t even mention it?

[Bariskurt 55]

3 minutes ago, Boiler said:

Did you do a FOIA?

 

Why was your waiver not approved.

They said there is not enough evidence for extreme hardship 

[Boiler 43,434]

That is odd, obviously I 601a's are not always approved but pretty unusual, especially with a Lawyer involved.

 

Begs the question how you know there are not any proceedings against you.

[Bariskurt 55]

51 minutes ago, Boiler said:

That is odd, obviously I 601a's are not always approved but pretty unusual, especially with a Lawyer involved.

 

Begs the question how you know there are not any proceedings against you.

I mean they usually send you a letter if you have any proceedings against you or inform you somehow. + I paid $20 to check my background on instantcheckmate.com nothing shows..

[Allaboutwaiting 2,500]

3 minutes ago, Bariskurt said:

I mean they usually send you a letter if you have any proceedings against you or inform you somehow. + I paid $20 to check my background on instantcheckmate.com nothing shows..

You can check on your own here for free:

https://acis.eoir.justice.gov/en/

 

[Bariskurt 55]

2 minutes ago, Allaboutwaiting said:

You can check on your own here for free:

https://acis.eoir.justice.gov/en/

 

No case found .. thank you 🙏🏽 

[Sammy_2496 116]

Im pretty sure overstays are forgiven if you are married to a USC and adjusting status

[SteveInBostonI130 3,319]

When your AOS was denied you were out of status.  I assume it has been several years since that first denial and the other denials?

 

This is a complicated case.  Your current AOS gives you authorized stay.  Your I-131 was approved and therefore you should be able to travel and return.  My concern is what the system at CBP states about your status.  If you are flagged for X days of overstay, they may give you a hard time.  Or they may see the pending AOS and let you in.

 

The above is moot if you don't plan to travel until your current AOS is processed.  

[Bariskurt 55]

13 minutes ago, SteveInBostonI130 said:

When your AOS was denied you were out of status.  I assume it has been several years since that first denial and the other denials?

 

This is a complicated case.  Your current AOS gives you authorized stay.  Your I-131 was approved and therefore you should be able to travel and return.  My concern is what the system at CBP states about your status.  If you are flagged for X days of overstay, they may give you a hard time.  Or they may see the pending AOS and let you in.

 

The above is moot if you don't plan to travel until your current AOS is processed.  

I was planning to travel but prior situations I had stopped me to avoid re-entry ban.. juat scared id say

[JohnnyForeigner 34]

22 hours ago, Bariskurt said:

I was planning to travel but prior situations I had stopped me to avoid re-entry ban.. juat scared id say

You can also apply for a CERTIFICATE OF NON EXISTENCE of deportation proceedings.

 

https://www.uscis.gov/g-1566