Pegworth

Jim, you know that not all districts are denying VWP overstays. It's a tiresome, hugely complicated issue and it's hard to explain a long backstory and explain district courts etc, but I think it's still better to say that some offices are automatically denying VWP-overstay AOS applications, but not all. The OP has already applied for AOS, so there is nothing we can do about it now. I understand your point that they may be giving them a chance to show he had a different visa.

OP - You may consider asking what Canadians have done in this instance. I seem to recall some people explaining about their lack of I-94 in a letter or something. Canadians enter without applying for a visa, and often do not get an entry stamp, but their program of visa-less entry is not the same as the Visa Waiver Program countries, so be careful not to compare yourself with them too much. There also might be a few VWP-entrants who found a solution to no I-94. It sounds to me like their records are the same as the person at your Infopass appt, and that there is no new entry recorded after his last exit. Perhaps they want proof he entered with inspection, because they currently have none. You could submit the previous number as suggested (and explain in your RFE cover letter that someone at Infopass suggested you do this), or connect the dots and show what flight he entered on on what date (maybe get a passenger manifest somehow), etc to prove he was inspected. I don't know if either will work. I understand your frustration. Good luck.

Canadians never got I-94's the visa waiver agreement between Canada and the US never required it and still doesn't it is the only country like this. Canadians never received I-94's to check the no-contest box that was the basis of those court rulings and deportations and I guess some denials.

I know of 4 cases personally of VWP overstays over the past year in NYC that were approved I imagine there are more. If they have the info I believe you can apply for a replacement.

I'm a Canadian my first attorney was going to apply for a replacement I-94 for me and I think the cost was around $330. I told her Canadians don't get I-94's or stamped coming in on the US/CAN VWP visiting. In my case there is nothing to apply for or replace it never existed to begin with your case is different. At this stage they want they want I-94 to prove he entered the country legally and he is who he says he is I think and then they will take it from there. If they have a record of the entry get the replacement and go from there. Good luck.

My I-485 has been at acceptance since June 28th. We received a approval letter for our I-130 two weeks ago it's still listed as acceptance on June 28th on the website. It's not accurate obviously I think some offices at USCIS update and some don't. The NYC office has done no updates on the website for our case we received 3 letters for different things from the NYC office and were never updated online. I still look though lol.

You should start a Facebook page with your story with your mothers name as well as yours. Have pictures of both of you and provide information like where your father is from,what town you were born,where and when your mother became pregnant by your father.

A picture of your mother from around the time she became pregnant would be good.

Maybe you can become friends with people in your fathers area and it may lead to something.

Maybe you have brothers and sisters in that area from your father. Maybe someone will see the pictures and say "Hey he looks like dad" or "He kind of looks like me". I think Facebook would be a really good tool for you on this unique journey. Good luck!!

Sounds like she needs to see some originals before she can grant your GC. Maybe she'll approve you at the appointment. Good luck.

I hope so ....thanks so much Harpa Timsah.

I always laugh at those posts and sort of feel sad for those people! Why would someone take time out of their day to post something like that?? Ya, thats pretty sad!!

I know it is funny and a little sad. One thing is obvious though NVC FAN knows nothing about Canada.

[quote name=NVC FAN ' timestamp='1291500723' post='4328794]

most if not all canadians are democrats, thats why i could never live there. And really have no desire to even visit.

Let's all hope you never do live in or visit Canada I imagine it would be a terrible experience for you.

Any help?

Bump.

Really sad here's an update.

http://www.cbc.ca/canada/toronto/story/2010/12/03/toornto-crossbow-homicide.html

Hello Fellow Visa Journey Members!

My husband and I had our AOS interview yesterday in San Francisco. The interview seemed to go well, but at the end she handed us a form that said "further review", also saying, you should receive your greencard within a month as the holidays are coming up. Online, our status is not updated to approved (or further review). The IO took my husbands I-94 form from his passport. He does have his Advanced Parole document to travel and has a ticket booked back to Lima, Peru on the 12th. We aren't sure what to do here. Can we travel? Were we approved?

Any had an experience like this? Were you able to travel? How long did this "further review" stage go on for?

Any help is appreciated. Thank you so much!

I don't think he should leave until he gets his green card that's what Ive read the most regarding AP and potential problems re-entering the US. Maybe you will get more feed back from others. I guess if there is problems he won't be stuck out of the country trying to resolve them.

Me and my wife went for our AOS interview on Sep 15th in NYC.We were told they approved that part of our application( I guess the meeting) and they needed to do further processing and I was left with a pending I-485.

On my application and at the meeting I divulged that I had been charged but not convicted on simple possession of cannabis in 1986. I received an absolute discharge and have no criminal record.

I have a court disposition that at times I have had to show at the border if they ask if I have ever been charged with any thing they also have photo copies of this with our file. Two weeks after our interview I was asked to provide a full form birth certificate via mail which I ordered and sent to them on time.

Five weeks after sending them the birth certificate we received two letters.

One letter is the approval of the I-130 the other is a I-72 to hand deliver documents that has the box checked that says: "an original court disposition and arrest report for all arrests". We need to ask for our IO when we go to give her the documents. She also under lined the word "original" in the "an original court disposition and arrest report for all arrests" box leading me to believe they want to see the certified copy of the original. I have never been arrested and I was only written a ticket for this offense.

I have to go at 8am Monday and I was wondering what to possibly expect at this appointment.

This is what the letter says

OFFICE LOCATION: 26 Federal Plaza XXXXXXX and so on

DATE&TIME OF APPOINTMENT:Dec 6,2010 at 8:00am

ASK FOR: Officer K. XXXXXX (our officers name)

REASON FOR APPOINTMENT: Hand Deliver Documents

BRING WITH YOU : SEE ATTACHMENT (The I-72 with one box checked)

Any feed back with an experience like this or what to maybe expect would be great thanks.

thank you for your replies. Pegworth you just reminds me that I had a J1 visa with a social security number which was good until october 1997. Then I went back to France and came back in november 1997 on VWP and overstayed. I used then my ss number to get work (temp agencies never asked for a work authorization). It's not smart I know but I was young and stupid. I decided to do my 10 years ban so I really hope I can be forgiven now. I won't lie to the INS but I really want to put the past behind as my life is settle in France now and I dont intend to move back to the US anymore...

I guess there is 1 of 3 thing you could try or could happen.

1. You could try to travel to the US and enter and If it doesn't come up don't bring it up.

2. You could try to travel to the US and are refused because of this and told you need a visa to enter. Don't lie about any thing but don't say too much. Try to keep it short that you overstayed. I am not sure where it leaves a USCIS agent if you tell them that you worked with your J1 ssn but if it comes up don't lie. At this point though your trip to the US will more than likely end for the time being.

3. Go to a US consulate explain your whole situation and apply for a visa to travel to the US before you leave.

Maybe some body can chime in with some more suggestions. I don't know how harsh the penalties are for admitting you worked on a J1 ssn with an overstay.

Hi,

I am a french citizen and in 1996 I went to the US on a vacation and overstayed on my VWP. I worked and lived there for 4 years. I used to work for temp agencies, paid my taxes, had a bank account and never got arrested or into trouble. I went back to France in 2000 with no trouble at all.

I have been back to France for 10 years now and never went back to US. My life is in France now, I have a governement job, a family. I want to plan a trip to the US next year and I am wondering if I risk to be sent back at the immigration. I am hoping as the 10 years bar have passed, it should be OK but I want to make sure before I get in the plane. Can you advise me what i should do and hope for ?

Thank you

How did you pay your taxes? Were you issued a tax ID number or did you use a social security number. If it was a non-working SSN or somebody else's SSN there would be a problem I think. That's potentially material misrepresentation. I'm not sure how the ten year ban works in your case. I believe if some one receives a ban while in the US or trying to enter they need to report to a consulate or embassy in there home country to start serving the ban but perhaps that's for voluntary departure. You may have to prove when you returned home not sure. I would visit a US consulate or embassy and explain your situation before you leave to find out where you stand. I guess you could just do nothing and go and take your chances as well it was long time ago your entry and departure may not be in their system but if it comes up don't lie. Lying will get you a ban Good luck.

Glad you asked this Danny,..because I was going to ask the same thing considering I have my interview the same day..

I dressed nice but didn't over dress. I think formal attire is too over the top. Understated and respectable is I think best. USCIS agent are not in tuxedo's and ball gowns after all.

Do you at least remember what state it was you entered from or what city you were in last outside of the country and did you fly or drive or come in by boat? I came across in Minnesota. There is no city or town at that crossing also the crossings have different names on either side of the border.

I did the same as Kittyfang and googled the crossings and found out it's Lancaster on the Minnesota side. I don't think saying "You don't remember" is a good answer.

It might not even be acceptable I'm not sure.

One thing for sure though is it will be a red flag for USCIS. You need to think harder start from the city you last left and recall your journey from there.You need to focus because this will be one of the more minor details your going to get asked for in the whole process.

I have been patient but now it is getting old. Each time I call immagration they tell me something new. I am a US citizen and it has been over 30 days since I sent Julie's Visa Application in. they want me to wait 45. I am off to see my fiance Julie Friday in England what do I do? Julie and I are thinking of resubmiting and cancel the check.

I thought a K1 visa took any where from 2 to 4 months to be approved and issued. If you resubmit it will just take longer and it could confuse matters and confusing the situation can create even more delays. You don't want to potentially have two applications floating around USCIS at different stages.Perhaps there is a way to with draw the application and start over but don't just cancel the check and start over. Any way If you with draw and start over your facing the same processing time with the added time of canceling this one and resubmitting it's doesn't make sense just be patient.

Maybe you can upgrade the one way to a full fare round trip ticket with a bit more cash. I used to get full fare tickets when I wasn't sure about when I was going back but needed a return ticket for coming across the border. The good thing about full fare tickets is you can change your return dates at no charge or cash in the return portion of the round trip ticket for a full refund if your plans change or find cheaper way back.

This is a common misunderstanding, actually two misunderstandings. First, the danger of being denied entry to the USA for immigrant intent is the same for a spouse or fiancee BECAUSE they actually both have immigrant intent. Each entry is a separate decision by a CBP officer and the fiancee of a US Citizen has the same level of immigrant intent as does a spouse of a US Citizen.

Second, it is not just a three month wait to work. The K1 cannot leave the USA and get back in OR work until three months after filing AOS, which cannot be done until a marriage certificate is in hand.

The appropriate visa will be the one that fits the couple's needs, plans and circumstances. Neither you or I know enough about those things to know what's best for their situation but, SAFETY, is not an issue either way.

I think your in more danger by crossing as a visitor and marrying hands down but that's just me. I don't know how stating that your waiting for a K1 and going for a visit can be a "misunderstanding". Your being clear and truthful about your immigration path and it's considered the right way to do things in USCIS's eyes.

Why bother applying for the K1 if your not going to wait to come marry on that visa to begin with this makes no sense to me or I would imagine to USCIS.

I would think they would appreciate you taking the right path more than anything because everything is on the table and in order. You will just need to provide ties to home if it comes up at the border. If the K1 is denied I can see crossing being a problem or having some explaining to do or your intent. I would just like to add I received my EAD a month and half after we filed.

pushbrk I honestly don't know why your suggesting they do something else or how the K1/CR1 is somehow at a disadvantage to this situation when it's their best and safest choice.I also don't know why you suggest there is such long time they can't work as being a discouraging factor to take this route.

I also don't understand why USCIS would issue K1 visa's just to deny people entry especially If they have been spending time together already and your being discouraging on this front as well. This is the path USCIS wants people to take.We can only speculate about the individuals back grounds and yes there is a chance any immigrant at any time can be denied entry. However it still doesn't make the K1/CR1 the wrong way especially compared to marrying on a clandestine trip.

It my opinion it doesn't help to discourage them from this route any way that's just my opinion.

I'm talking about the time between the single entry on the K1 visa and three months from filing AOS that the foreigner must remain in the USA without authorization to work. If they leave the USA before they have Advance Parole (three months from asking for it) they will be stuck outside the USA. There's more to the process than getting the visa.

Yes they would have to prepare for that potential 3 month wait to work.Working is a mute point if they are denied because of intent. I still think the K1 is the safest route. If they were to marry after one month or sooner they could work sooner. The bottom line is they plan to marry. I would not even entertain and I would not take the chance of being denied because of immigrant intent when there is no need to put yourself in that situation.

Whether the K1 route is the most empowering is a matter of opinion and will vary with the circumstances. When working or international travel are priorities, K1 is the worst possible choice. The OP has at least preliminarily indicated a need to travel back and forth between the US and Canada. If that is the case, K1 is a bad choice. Since marrying in the USA or Canada is allowed without any permission from either country's immigration authorities, marriage first and the spouse visa process are probably better for this couple. Visiting in either direction during the process has the same issues for fiancee or spouse.

There is no mention of travel or working internationally. Traveling back and forth as visitor from Canada to the US and back is not affected by applying for a K1 it actually strengthens the reason to be traveling back and forth.If they were allowed to be working in the US what's the point of AOS your post is confusing matters. There is no indication in the post about working internationally.

The K1 is not the worst choice it's the best and safest choice compared to traveling back a forth and getting married on whim. I don't think it's responsible to indicate other wise or even suggest it's the worst scenario it actually quite to contrary to this.

The safest thing to do is apply for a K1 finance visa and you have 90 days to get married coming in with that visa. You can visit while that's being processed.

It really is the best and safest route.

If you have ties in Canada now it's the best thing to do it takes all the doubt out of it.

You roll the dice coming in as a visitor then getting married.The K1 really is the most empowering route.

I married as a visitor and there is a lot of added stress and doubt going this route.

If you have the means and your in Canada already with a job and ties do yourself a favor and go the K1 route.

Its likely they are trying to look into it, but if it doesnt exist anymore and you have no record im not sure how long it would take them to sort that out for themselfs. Have you looked into making an infopass appointment to see if you can get any updates or info on your case?

Thanks again Inky. I thought I would wait a lot longer before making an infopass appointment. When I research "stuck in name check" I just get posts from people having problems years ago when there was a big back log and they changed the way they process name checks because of that.

I think when that happened if you were stuck in name check after a certain amount of days if it hadn't come through they just approved you providing that was only thing holding your case up.

This apparently helped with the big back log.

I guess I'm looking for some recent feed back on how long roughly it's been taking these days or if perhaps it's getting back logged again.

She did say at the end of the meeting after they ran and checked everything I should get my greencard in about 30 days.

I do know two couples personally who had AOS interviews at the New York office the same month as me. Their meeting were tough almost like mini stokes but both beneficiaries were on the VWP and they were married with in a year of meeting each other.

As a Canadian I'm not on the same VWP there is no checking a no contest box.

They both received their welcome letters in 2 weeks.

I was married to my wife for 3.5 years before filling so I think they ruled out fraud and that's why our meeting went so smooth and was quick plus I answered all the curve ball questions correctly that only a married couple would know.

The day we went for our meeting there were officials from Washington over seeing the operation at the NY office are attorney found out about this when we got there. We had an official from Washington sitting in at our interview pretty un-nerving but it was a positive meeting from what I could tell and it was pretty obvious to everyone are marriage is legitimate.

I'll just wait and see it's hard not to speculate though. I'm in no rush to leave the country or anything.

Again I was just wondering how long name checks took these days they were probably obligated to do one after I divulged the absolute discharge.

Thanks again Inky cheers.

You should have shopped around before staying with that civil surgeon. Also, you should have asked him/her how much it would have cost to do the exam and then decide.

My wife had her exam completed for $190. Though she did not need a chest xray. So I can imagine that would drive up the cost.

Mine was $190 as well plus an extra $50 to see if I needed any extra shots.

They take however long they take. Would not concern yourself with the FBI name checks its not worth sitting on.

Hey Inky thanks for the reply. We went for our interview September 15th it went well and she said she approved us but they needed to do more processing and said I was pending.

Two weeks later we received a letter asking for a long form BC for me that I ordered and sent to them in time.

I was issued a summons once in 1986 for "possession of cannabis to wit".

I received an absolute discharge and was never convicted and I do not have a record.

I contacted the department of justice in Canada and they told me that law doesn't exist any more. I told them about this at the interview and showed them the absolute discharge and they have a photo copy of it. I guess I was wondering if they were doing a name check because of this and how long it would take. it's been 2 months since the interview and I'm hoping ever thing is ok I'm still pending.

Does anyone how long FBI name checks are taking these days?