Left (and RETURNED) without AP but now have AOS interview

[rebeccajo 14]

I hope it is understood that misrepresentation at the border is a bar for life.

Mr. Danza -

You need experienced, competent counsel and you need it before you attend your interview. In fact, you need them to attend the interview with you.

[john_and_marlene 162]

I know, I know, but I was staring down a full on refusal and AOS claim abandon if I didnt show for the interview, so I played it as best I could at that point.

...

Moving forward, I am trying to salvage what little tiny window of opportunity I have left to life with my wife and earase my bad choices. I appreciate your help in doing that.

You already abandoned your AOS when you left without AP.

If you want to salvage what little tiny window of opportunity you have left, you need to go back to Canada and wait for an immigrant visa.

[Chica Yeyé 41]

I followed your entire previous thread and VJ members advised you to not make this mistake of entering the US again without a proper spouse visa. You did. I just have a feeling that you will be back here after your AOS interview asking for advise on what to do since it was denied or whatever. Please consult an immigration attorney as this situation is beyond VJ. Hoping it all turns out right for your wife's sake.

sister Paru is wise, as always.

Apparently, the OP thinks he is too cool for school. Tony: you are in deep, deep #######. Get a lawyer. OR continue to do things as if laws didn't exist and begin your existence in the US based on a pack of lies that are likely to catch up with you eventually. Very grown up and responsible of you.

[Bobby+Umit 161]

the BCP officer asked me how long I intended to stay in the US. I guess that is what you are reffering to here as the primary 'fraud' correct? I didnt lie however as I never said I was leaving the next day on the continuing flight. I said not sure but going to visit a few people and then after a month or so, head back to Canada as I figured I would if I either got a green card or didn't. I guess I looked at it as shades of grey. I didnt lie, I just didnt offer forth all the info I had and I also answered truthfully all the questions he asked.

Sorry buddy, but you did lie. You knew you were married to an USC. You knew you were going to her, waiting for the AOS, which you invalidated by leaving without AP.

When I talked to a lawyer about my case, she mentioned a case similar to what you just did. Got married, left country, came back, "Just visiting", AOS interview, "Uh Uh".

The guy was banned for 3 years.

Talk to a lawyer, you will probably need one.

Edited March 4, 2009 by Bobby_Umit

[Kathryn41 3,205]

With the further information of what you said at the border I don't think you should go to the AOS interview but send in an official withdrawal of the AOS at this time. Then, fulfill your statement to the border officials - leave the US and return to Canada. This way you will probably not be found guilty of misrepresentation, even though you did lie at the border. Going to the interview shows intent to stay even though you said you were only visiting and would leave in a month. Misrepresentation carries a lifetime ban. Leaving the US and returning to Canada will trigger the probable bar for your overstay. You can re-apply for a spousal visa and wait for it in Canada. Your visa will be denied at the interview due to the overstay but then you can apply for the waiver. Without the waiver it looks like you are facing a 10 year ban for being more than a year overstayed in the US. You may be able to get the waiver, but regardless there will still be a long wait. You are now having to chose between the lesser of two evils - a lifetime ban or a 10 year ban. Definitely see a lawyer and be sure you are absolutely honest with him. Tell him exactly what you said and did so he can determine the likelihood of repercussions.

The alternative is to have your wife move to Canada. You can find out more information here: http://www.cic.gc.ca

[lucyrich 20]

Leaving the US and returning to Canada will trigger the probable bar for your overstay.

Most of what you say seems right on, except this one note: I believe the overstay bar was already triggered when he initially left the US for Mexico. If he initally overstayed his tourist visa by more than 180 days before he left the US for Mexico, then he was inadmissible (and is still inadmissible) due to the overstay bar when he re-entered the US, but apparently they didn't catch it. I'm not sure what the consequences are of the fact that he re-entered while under the overstay bar.

[canadian_wife 1,808]

That's one thing I don't understand about Mr. Danza's case. How was he readmitted after his overstay?

Tony, you did lie. You had NO intention of going back to Canada after a month. The "oh I am going back IF my AOS is denied" is not what you told the BP.

[Sprailenes 47]

JUST BECAUSE YOUR TONY DANZA DOESN'T MEAN YOU CAN LIE AND GET AWAY WITH IT!!

[TonyDanza 0]

Gotcha all. Thanks for all the info.

I am leaving and withdrawing my case to apply for k-3. Thanks all.

[Kathryn41 3,205]

Good for you. Good luck with everything.

[LaL 418]

You really should speak to a lawyer before leaving.

[DanielParul 50]

JUST BECAUSE YOUR TONY DANZA DOESN'T MEAN YOU CAN LIE AND GET AWAY WITH IT!!

[Chica Yeyé 41]

JUST BECAUSE YOUR TONY DANZA DOESN'T MEAN YOU CAN LIE AND GET AWAY WITH IT!!

I love you sister

Edited March 5, 2009 by *Len*

[Bobby+Umit 161]

Ugh... my eyes....

[Chica Yeyé 41]

Ugh... my eyes....

don't be a hater