You're already at the visa interview stage, so Table A is the relevant section of the visa bulletin in your case. F2B current PD is 22 Sep 2015, based on the Sep 2023 bulletin (assuming you're not from Mexico or the Philippines).
even though I-130 gets approved, it doesn't guarantee approval of I-485. i think that's because they're not checking your status at that moment of approving your I-130 - it's more so checking your relationship with the sponsor. then when they delve into your i-485 application, they look into your status. this is what i believe.
you said that your overstay doesn't begin until USCIS declares out of status - i'm not totally sure about this, where did you get this info?
IF your overstay counts from dec 2018 (when visa expired) up until dec 2020 (up until you left) - that's a 2 year overstay that could become a 10-year ban. however, if they count it AFTER denial of I-485, like you said, then there wouldn't be a ban.
it's really hard to know because they don't make anything clear, especially if you're "in between statuses" or in a process of, because i had the same issue. i didn't truly know when/if i was even banned because my i-485 was denied april 2017 (uscis told me i was out of status) and i left july 2017. i even spoke with multiple attorneys who didn't know when my ban would've started OR if i even triggered one because there were so many nuances and little things factoring in. it totally sucks that i didn't know because i voluntarily left and didn't even try to visit so i wouldn't trigger any bans (3 year or 10 year) and it could also be that i was fine and didn't have one at all... but it's also up to discretion of the immigration officer you'd deal with if you try to go on a visitor visa. i didn't try because i was too worried i'd have issues down the line so i waited the 4.5 years until i was approved finally last month.
that being said, have ALL documents you've ever received from uscis/nvc/consulates/etc and bring them with you to the interview. be honest that you voluntarily left and make sure to include that in your DS-260 form. when the immigration officer asks, be honest and explain the situation with enough details, but not too, too many.
Thank you so much
thank you.
But when you say until the Uscis finds out what does that mean ?
is it until the case was denied.
Definitely in line for interview soon
hopefully it goes well
Thank you so much
thank you.
But when you say until the Uscis finds out what does that mean ?
is it until the case was denied.
Definitely in line for interview soon
hopefully it goes well
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