Jump to content
desperate_wife

How much of unlawful presence???

By desperate_wife in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

3 posts in this topic

Recommended Posts

desperate_wife Rookie

desperate_wife   0

Posted
Filed: IR-1/CR-1 Visa Country: Lithuania
 Timeline
Posted

Hi, guys!

I am wondering how much of unlawful presence I got. Hope you can help me to figure out.

I came to usa on august 14, 2004, allowed to stay till september 14,2004. Didn't go home.... Anyway, I got married in july,2005 and applied for AOS on september 11, 2005. I understand that I have got a little less than 1 year of unlawful presence (from september 15,2004 till september 11, 2005).

While on AOS I got work authorisation etc. Unfortunately my AOS got denied, in the letter it was stated that I should leave usa within 30 days, if I don't do it, I would become illegal. I left within 30 days.

So does it mean that my only unlawful presence was before AOS? or they count the whole period of USA stay despite the AOS (even though I was legal during AOS).

I was looking for the answer all over the web, with no luck...

What do you think I would get a 3 year ban or 10?

07/05/05-Got Married

IR-1 consular processing

10/12/07 - I-824 was mailed

10/16/07 - I-824 was received by USCIS - day 1

10/20/07 - Left USA

11/06/07 - The check for $340.00 was cashed

11/10/07 - NOA for I-824 received

12/31/07 - LUD that I-824 is approved - day 77

01/10/08 - Case number assigned! - day 87 (1)

01/28/08 - NVC mailed AOS bill and DS-3032 - day 105 (19)

03/02/08 - e-mailed DS 3032 - day 139 (53)

03/03/08 - AOS bill mailed - day 140 (54)

03/10/08 - IV bill generated - day 147 (61)

03/29/08 - received IV bill in the mail - day 166 (80)

04/08/08 - Affidavit of Support mailed to NVC - day176 (90)

05/09/08 - IV bill mailed to NVC - day 208 (121)

05/20/08 - DS-230 package mailed - day 219 (132)

05/24/08 - IV bill status "PAID" in online system! - day 223 (136 from NVC process start)

05/26/08 - DS-230 generated - day 225 (138)

06/05/08 - DS-230 delivered at 11.05 at NVC - day 235 (148)

06/06/08 - DS-230 enetered into the system - day 236 (149)

06/10/08 - case complete - day 240 (153)

06/23/08 - date scheduled - day 253 (166)

06/24/08 - case forwarded to Warsaw, Poland - day 254 (167)

06/26/08 - case delivered to embassy - day 256 (169)

07/08/08 - interview notification received - day 268 (181)

07/21/08 - medical exam - day 281 (194)

08/06/08 - The Interview - day 297 (210) - AP

08/18/08 - I-601 submitted

09/18/08 - I-601 is received in Vienna

02/06/09 - I-601 approved!!!

02/17/09 - a call from Warsaw to pick up visa

02/23/09 - IR1 visa in passport

03/15/09 - flight to NYC!!!

LadyJane Community Regular

LadyJane   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

What kind of paperwork did you get from the USCIS, was your AOS denied because you were out of status when you applied?

Even without considering the AOS, it seems you were more than 180 days out of status. But, I'm not sure how long. I'm not sure what your status would be once you've applied for AOS.

I'm guessing that you are now applying for a K3 or an IR1 visa? If so, then also please read up on the process for applying for these visas. I think that addressing this issue upfront in your I-130 and/or I-129f applications will show good faith that you are trying to attain legal status. They'll know about your case anyway. You may also want to read about I-601 waivers, and plan for the worst-that your K3 or IR1 visa application will be rejected based on your out-of-status.

Good luck! :)

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...