AOS Emergency looking for advice please!

[LaL 418]

Just curious - if you have left the US before while pending (I am assuming - to meet your nephews?) what did you tell them at the border? and when did you go to see them?

This is the only thing I can come up with as to why you are so adamant that you will be at your interview. From what you told us - assuming there is no future lying/fraud - you have abandoned your status and will have a bar at entry.

[motu 5]

Perhaps now you need to look at plan B (or C or D) - which might be to look at living in Canada and bringing your wife to Canada. Canada is a pretty good place to live too (a little too cold for me) but beautiful (I don't need to tell you that, you have seen more of it then I as a short time tourists over the years). Canada has a great health care system and fairly good social support system that parallels US. Good Luck with what you decide.

[lucyrich 20]

I was in the US on an overstayed tourist visa when my Girlfriend and I spontaneously got married in Vegas after 5 years dating. We then applyed for AOS and a green card for me.

We have been waiting so long just as you all have, but people on here were so helpful for the entire process thus far, including giving me the advice not to leave the country while waiting for my immigration appointment.

I have been 'stuck' in the States now for so long, and had no idea how possibly longer it could be for our AOS interview to come, that when my younger sister said she was getting married in Mexico I had to finally take a risk and leave, athough I didnt apply for advanced parole stupidly not thinking I would need it.

I had already missed my bothers wedding, have only 2wice been able to meet my nephews because I was so worried about being denied back to be with my wife, that is got to the point where I said I can be a slave to that fear of leaving the US.

Immigration laws don't always make sense. I'm not sure what grand purpose is made of forcing people in overstay status to stay in the US while AOS is pending, but that's just the way the law reads. And it's very clear on the point. Pleaing for mercy won't help, as no officer has the authority to change the law.

You had already been told the correct course of action, which was to stay inside the US until AOS was approved. A ten year bar on entry happens starting the moment you leave the US after overstaying more than a year. If you overstayed somewhere between 180 days and a year, it's only a three year bar.

In addition, the moment you leave the US without advance parole, you automatically abandon any pending adjustment of status. It doesn't matter whether you show up to the interview or not, the moment you stepped across the border, you ended the status you had as a tourist visa overstay, and since you ended that status, you abandoned the attempt to adjust that status. You now have no status from which to adjust.

Your situation is ugly now, but you're contemplating making it much uglier. If you're found to have misrepresented a material fact, you'll be facing a lifetime ban. So far, I don't believe you've misrepresented anything. But if you try and enter the US under false pretenses, you will have. If you sneak across the border away from an immigration checkpoint, you might be able to enter the US without directly misrepresenting a material fact to an officer (since that method of entry doesn't involve talking to an officer), but if you try and continue with your adjustment of status, you would be misrepresenting your most recent method of entry at the interview (unless you directly told him you snuck in, in which case your AOS would be denied).

I assume you flew to Mexico? If the USCIS has any sort of record of your departure from the airline manifest, then it doesn't matter whether you can somehow manage to sneak back into the US; since it was the act of departing that caused you to abandon your adjustment of status and start the ten year bar on admissibility.

Your only safe route is to remain outside the US (if you want, you can fly back to Canada without entering the US), file for a spousal visa, and at the interview, file for a waiver of the bar.

[melusine 5]

Your situation sound extremly bad....

And you are going back to square one (wich you apparently didn't do in the first place anyway)

Back in Canada, 9 or so months of waiting and a couple of thousand dollars while you do a K3...

Good luck !