Andre_Botha

Matt, was this ever resolved? I am going through almost the exact same thing, I really would like to know how this all planned out.

Thank you

7 minutes ago, geowrian said:

There's nothing a senator can do to influence the decision. Just rebut the claims.

This thread hasn't exactly instilled confidence in me. Kind of feels like I can provide the proof that I was in the country but it doesnt mean anything and I can just sit and wait for it all to implode.

2 minutes ago, geowrian said:

Can they? Absolutely. Only USCs are prevented from being deported.

But they can't arbitrarily remove you once you properly file for AOS. They need to deny AOS first then go through immigration court.

That said, it sounds like something got incorrectly flagged in their system that you left the US. Explain that you dind't leave the US and provide evidence of not leaving the US. The passport copy would be a strong indicator that you didn't leave.

Absolutely worse case is your I-485 would be denied (which - to be clear - I don't think will happen if you provide a proper response). Then it could be appealed, refiled (if no NTA is issued), or you would have an opportunity to challenge it in court.

In the end, you'll get through everything with a green card. It's just a matter of how long and how many hoops you will need to jump through.

I mean I havent done anything wrong since being here, paid taxes on all work I have done while my EAD was valid etc.

My attorneys are handling everything and everytime they ask me to provide something I provide it immediately. 

Just hate feeling this powerless and knowing the extra stress that is put on my wife really bothers me as well.

I feel like I have jumped through so many hoops already.

The attorney mentioned that they will be contacting the senator in our location to review all of this due to the false claims made against me. 

Which scares me even more since going to a senator seems like such a drastic, high level move. Makes me feel like this is all very serious.

1 minute ago, geowrian said:

DHS as a whole does...hence an I-94 (Arrival/Departure record). There's just not any human intervention in the exit process.

For flights, this is tracked via APIS.

There's also plenty of mistakes when it comes to entry/exit records.

Do you think I should be worried about this? Can they force me out even though I'm married to a US citizen for 2 years now?

Also, after my wife and I got married in December of 2016 my immigration attorney informed me that I should under no circumstances leave the US as I wouldnt be allowed back in because the government would be under no obligation to complete my paperwork. 

That has been reason enough for me to miss 2, now going on 3 Christmases and birthdays with my family in South Africa. It hasn't been easy on me at all, and it devastates me every passing year, but I know what is at stake and wouldnt risk it. I wouldn't risk losing my marriage over this.

It makes me feel sick what is going on.

Just now, geowrian said:

Evidence acquired from other countries? Possibly having been re-admitted?

I'm not saying it's likely...but the lack of entry stamps abroad would be good evidence to include.

Well I can show them my passport with the final stamp in it being when I entered the US in October 2016. I find it strange that my travel history on the i94 website is missing. 

I have immigration attorneys, but do you think this is something I should be worried about?

Like I said, I am in a legitimate marriage. Can they break me and my wife up and force me to leave?

1 minute ago, geowrian said:

True. That's why I think showing that there are no entry stamps from anywhere else is important. That would imply they snuck across the border and snuck back without being caught...butt hen they would have no evidence to indicate they left the US in the first place (which isn't the case as something flagged the RFE).

Also if I "snuck out" of the country, how would they have a record of me "leaving the country" on the 14th of September? If I did "sneak" out, then they wouldn't have had a date?

3 minutes ago, geowrian said:

Sometimes the carriers send the passenger manifests before the flight, so no-shows may be reported as leaving the country.

Hmm...Sept. 14th 2018? No idea where that would have come from.

 

I would suggest sending any evidence you are still in the US past the date they claimed. I would also provide an explanation that you arrived in the US on x/x/xx and remained in the US since that date. Showing your passport may also help as you have no entry stamps past that date.

Yes. I havent left the country since re-entering in early October 2016. So it would help if they can provide me with which airline and airport they allege I departed from so I can contact them and ask for their records for that day?

Just now, hoangthaihuy said:

This could mean he sneaked into the country illegally, don't you think?

How? And why would I want / need to do that? And if that is the case then it means no matter what evidence I provide, they can just make something up and run with it?

Like I said, I have an UberEats receipt on that very day. Delivered to my residence? Does that mean they can just claim someone else used my phone to order it as well? So its impossible to prove my innocence in this?

2 minutes ago, geowrian said:

* Moved from Citizenship General Discussion Progress Reports to AOS from Work, Student, and Tourist Visas (will move to AOS from K-1 once that details is ascertained). *

 

What visa did you enter the US on?

 

Did you have a return flight scheduled that you never took?

 

They haven't been handling cases long enough... I've seen it a number of times on VJ.

I entered on a B1 Visa. Yes there was a return flight that I never took but that was almost 2 years ago at this point I believe?

Is this something i should be worried about? I am legitimately happily married now for 2 years next month. And what about their claims that i left the US on September 14?

If this is in the wrong thread I apologize.  I have been married to a US citizen for 2 years now (I am South African). We have been waiting for our interview for going on 22 months.

My initial EAD expired and I applied for an extension through my attorneys in April, before my EAD expired to be proactive. 

After 7 months my new EAD has still not arrived.

Now the US government is claiming I left the US on the 14th of September which is completely false. They asked for an RFE, the only proof I had was an UberEats receipt for that date, showing the delivery address as our residence. 

I googled this and found very little info other than people suggesting to look at my i94 travel history. 

When going on the website, my i94 is there but when clicking on my travel history it says "no record found for traveler". 

Does anyone know what this means? I have done everything that has been asked of me, now I havent had my interview, I am unable to work because my 180 extension period for my EAD is over and the US government claims I have left the US when I didnt and my Travel History seems to have disappeared?

Should I be worried? What can I expect going forward? Our attorneys have expedited my case and told me they have "never seen such unprecedented and egregious claims" before.

My wife and I are extremely stressed out at this point and I feel like I'm constantly swimming against the stream and trying to keep my head above water. 

Anyone with any advice or knowledge about what is happening to me, please inform me. 

Sincerely,

Andre