Peitition Denied and Overstaying

[Pastel 0]

My husband and I got married in June, and he's a US citizen and I'm currently living in the states with him. I did the paperwork as supposed to, etc...

Came here legally on inspections in April, am a Canadian.

After a few month of run-arounds, my petition was denied due to insufficient income on my husband's side.

We are planning on refiling (if that's the best way to do it) because during the run-around, we could not get the motion to reopen file on time.

My husband will now meet the sufficient income, and everything will be set, but I was supposed to leave the country half a month ago.

Will I be deported or am i able to submit the new files ASAP and be just fine?

Our I-130 is approved.

Edited December 27, 2009 by Pastel

[daboyz 36]

My husband and I got married in June, and he's a US citizen and I'm currently living in the states with him. I did the paperwork as supposed to, etc...

Came here legally on inspections in April, am a Canadian.

After a few month of run-arounds, my petition was denied due to insufficient income on my husband's side.

We are planning on refiling (if that's the best way to do it) because during the run-around, we could not get the motion to reopen file on time.

My husband will now meet the sufficient income, and everything will be set, but I was supposed to leave the country half a month ago.

Will I be deported or am i able to submit the new files ASAP and be just fine?

Our I-130 is approved.

0-6 months overstay is ok

6-12 months 3 year ban

Over 12 months 10 year ban

http://www.visapro.com/Immigration-Articles/?a=173&z=64

[Brother Hesekiel 2,236]

The ban is only triggered if she leaves the country.

Pastel, there is no problem at all for you to refile the I-485 and I-761 (which you should do in any case since it's a freebee).

[Pastel 0]

The ban is only triggered if she leaves the country.

Pastel, there is no problem at all for you to refile the I-485 and I-761 (which you should do in any case since it's a freebee).

What exactly do you mean by "freebee"?

I'm mostly worried about getting deported, going to jail, or getting the people who know me in trouble (which seems to be a huge concern)

[Pastel 0]

0-6 months overstay is ok

6-12 months 3 year ban

Over 12 months 10 year ban

http://www.visapro.com/Immigration-Articles/?a=173&z=64

Also, I was wondering when the "overstaying" timer starts ticking.

I came here April, and I received a denial notice in November to leave within 30 days. Does it start ticking after December?

[Krikit 1,165]

Moving from Bringing Family Members of US Citizens to America forum to AOS From Other Visas. You may find people with experience in this situation there. Good luck, and welcome to VJ.

[Bobby+Umit 161]

You had an order to leave the US and you didn't?

I would think you need to resolve that first, in front of an IJ.

Perhaps a lawyer skilled in this would be advisable. (Since not meeting the income should of resulted in a RFI, not an outright denial)

[Chica Yeyé 41]

You had an order to leave the US and you didn't?

I would think you need to resolve that first, in front of an IJ.

Perhaps a lawyer skilled in this would be advisable. (Since not meeting the income should of resulted in a RFI, not an outright denial)

I concur. You cannot dismiss an Order to Leave - unless you are granted stay by an immigration judge. Contact a competent immigration attorney.

[Darnell 8,479]

Also, I was wondering when the "overstaying" timer starts ticking.

I came here April, and I received a denial notice in November to leave within 30 days. Does it start ticking after December?

You have 30 days from that notice date (printed on the letter ) to leave.

If you don't leave, you are in violation. Is different thing, is not 'overstay on visa waiver program' or 'overstay from tourist visa' - instead - you have direct orders to leave.

If you not leave within the timeframe, and ICE catches you, you will be detained, and a deportation hearing started. You might be released prior to the deportation hearing (most are ), but you must show up for the deportation hearing.

To go past these 30 days, from the denial notice, is not really an 'overstay' - it's actually 'violation of denial notice', which has more serious repercussions.

An Immigration lawyer might be able to 'fix' this stuff, but I'd not hold my breath - hopefully someone else here will have other input, other advice.

Edited December 28, 2009 by Darnell

[sachinky 465]

Why would you ignore a direct order to depart the U.S.?

[Brother Hesekiel 2,236]

WHERE did all of you people get the information that the OP did receive an order to leave? I read her post(s) 3 times and still can't find that essential part of information.

What I read out of the post is that her I-94 expired, or that she is now more than 6 months in the US.

Edited December 28, 2009 by Just Bob

[Chica Yeyé 41]

Also, I was wondering when the "overstaying" timer starts ticking.

I came here April, and I received a denial notice in November to leave within 30 days. Does it start ticking after December?

That clear enough for u Bob?

Edited December 28, 2009 by Chica Yeyé

[belinda63 3,047]

You have to leave unless you can hire an attorney to appear before an immigration judge to plead your case and explain why your AOS was denied and that you are going to refile and have resolved all the original issues

and

even then your chances are slim. Most judges will just say well you were denied the first time he can go home and wait for you to get it right.

[juliava 80]

My husband and I got married in June, and he's a US citizen and I'm currently living in the states with him. I did the paperwork as supposed to, etc...

Came here legally on inspections in April, am a Canadian.

After a few month of run-arounds, my petition was denied due to insufficient income on my husband's side.

We are planning on refiling (if that's the best way to do it) because during the run-around, we could not get the motion to reopen file on time.

My husband will now meet the sufficient income, and everything will be set, but I was supposed to leave the country half a month ago.

Will I be deported or am i able to submit the new files ASAP and be just fine?

Our I-130 is approved.

How the I-130 was approved if your spouse didn't qualify as a sponsor due to insufficient income?

[Old Dominion 26]

And you waited all this time to get advice? A directive to leave the country must be followed. Get thee back to Canada by the end of this month, and await any legal advice you and your husband can afford.

There were no run-arounds at all - just the normal processing time.