Returned flight cost my husband his AOS

[JimVaPhuong 4,863]

but provided that he left on Feb. 24, how in the world do they explain that he regularly went to his biometrics appointment 3 weeks later?

I can't even imagine how frustrating it must be for both of you, all I can do is send you my support and positive thoughts to get through this kafkian situation.

They're not saying he was gone for more than 3 weeks. They're simply saying he left the US. If you enter with a K1 visa and then leave the US for any period of time before getting AP then you can't adjust status based on the K1. Even a day trip into Canada or Mexico would be enough to disqualify you. It really is that simple.

[gmjdmj 2]

The unfortunate thing in this whole situation is that it is your word against USCIS. My husband has never left the country...NOT for 1 day but now it is our job to prove that and with that comes more time and more money that was not our mistake to begin with. We have done everything that they have asked us to do to the point that David never even came to visit while the K-1 was in process just to not complicate things. I have spoken to our Congressman's office. There is nothing that they can do. I was told that the only way to get anything done with USCIS is to file paperwork and pay fees.

Edited August 3, 2010 by gmjdmj

[Bocajr27 3]

Wouldn't he have a stamp on his passport showing that he left the country? I would say you contact the airlines first. Ask for a copy of the flight manifest. Be prepared for them not to cooperate. You may have to contact a lawyer and have a court order the airline to give you a copy of the flight manifest showing he was on that flight.

I would assume that if you hire a good lawyer that threatens the airline that you will file suit against them if the information is not provided, they may come around much quicker than having to go go through the courts. In any case, be prepared for a fight.

[newlyweds2010 208]

They're not saying he was gone for more than 3 weeks. They're simply saying he left the US. If you enter with a K1 visa and then leave the US for any period of time before getting AP then you can't adjust status based on the K1. Even a day trip into Canada or Mexico would be enough to disqualify you. It really is that simple.

Oh yes, I concur that even one day in Tijuana (I live a few miles north of the border and I always wonder why I should want to go there) or to beautiful Vancouver would be enough to disqualify him from AOS. But then someone up there or down here would have to explain how an alien passed the border again and was readmitted, since the K1 visa is valid for one entry only. Isn't it called "secure borders, open doors"?

Additionally, if they argue that he left the country based on the cross-check of the passengers list, I suppose that his return flight was back home to England and not to a neighbor country for one day. Unless they are saying that he left the country in other circumstances and based on other evidence, but if this was the case the return ticket would be "innocent".

Anyway, this is just speculation which doesn't help anybody: the true thing is that if he has been in the US the whole time, someone clearly screwed up and now it's up to the immigrant to prove that he did not do what they say he did.

I renew my moral support and positive thoughts to solve this quickly.

[Rob and Jill 82]

It would seem to me that the airline made a major screw up. It would also seem to me that if there are any additional fees to be paid the airline should reimburse you for those fees.

[Gabriell 0]

Hi Guys and Girls ,

You all forgetting one thing if your husband did not go to the airport in time to check in then his seat will be offered to other customers as cancellation.

[nylonmac 10]

This is interesting, seeing as return flights seem to cost a lot less than one way!

I guess it would be better to cancel the flight ticket after arriving in the US?

[VanessaTony 3,567]

This is correct. The airline probably sold the seat to a standby passenger and forgot to update their passenger manifest. Unfortunately, if the airline says he boarded that flight then, as far as USCIS is concerned, he boarded that flight.

I think the best place to start is by contacting the airline. Perhaps if they can confirm that the seat was sold to someone else then an appeal or petition to reopen might be filed on that basis.

This is the first time I've ever heard of a round trip ticket backfiring on someone. It really sucks.

This is the second time I've seen. Happened to another couple and they needed to prove he didn't leave the country.

Does your passport have a chip in it? Are you able to get a letter from your consulate or somewhere stating what flights are recorded on it? Or can you contact the airline for a confirmation that he DIDN'T board the flight?

Edited August 3, 2010 by Vanessa&Tony

[Darnell 8,478]

I have read ONE OTHER CASE about this, here on VJ - with the exact same 'ding' on AOS.

IMO, it's possible to 'overcome this' - but you've got some serious leg-work to do.

Whilst USCIS thinks he's left the country, it really is up to them to prove that he did or did not leave.

They've done no work to prove that he left.

[1HappyGuy 45]

If you congressman won't do a thing, then call a senator. Maybe your senator will have more interest. It seems pretty clear that his passport will have evidence of him not leaving on the date indicated by USCIS. You have now seen that the people at our immigration services are not the brightest bulbs in the box.

[LIFE'SJOURNEY 970]

The unfortunate thing in this whole situation is that it is your word against USCIS. My husband has never left the country...NOT for 1 day but now it is our job to prove that and with that comes more time and more money that was not our mistake to begin with. We have done everything that they have asked us to do to the point that David never even came to visit while the K-1 was in process just to not complicate things. I have spoken to our Congressman's office. There is nothing that they can do. I was told that the only way to get anything done with USCIS is to file paperwork and pay fees.

Here is a link http://www.visajourney.com/forums/topic/264430-update-on-my-weird-case-1/ to the other couple who is in the same situation as you and your husband. Maybe you'll can compare notes to see how and what trigger suchas response from USCIS.

Good luck.

[Rob and Jill 82]

If you congressman won't do a thing, then call a senator. Maybe your senator will have more interest. It seems pretty clear that his passport will have evidence of him not leaving on the date indicated by USCIS. You have now seen that the people at our immigration services are not the brightest bulbs in the box.

A Senator IS a Congressman. CONGRESS is the group of Senators and The House of Representatives.

http://www.wisegeek.com/what-is-the-difference-between-a-us-senator-and-a-us-representative.htm

Edited August 3, 2010 by Rob and Jill

[Gabriell 0]

This is interesting, seeing as return flights seem to cost a lot less than one way!

I guess it would be better to cancel the flight ticket after arriving in the US?

Yes that would be the best option.

In that way you can ask for a cancellation letter or receipt, which would have your flight details on it.

Then you can add the cancellation letter to your AOS

Edited August 4, 2010 by Gabriell

[connyk 0]

gmjdmj,

I'm so sorry for you guys and the trouble you have to go through I really wish you guys all the best!! Your story makes me a little nervous, too, because we are about to send off our AOS forms in the next days and I also had a roundtrip-ticket when I came here in April and I did not cancel the return flight either.. Hopefully this won't happen to us too, I'm honestly a bit scared now :/

[M613 6]

gmjdmj,

I'm so sorry for you guys and the trouble you have to go through I really wish you guys all the best!! Your story makes me a little nervous, too, because we are about to send off our AOS forms in the next days and I also had a roundtrip-ticket when I came here in April and I did not cancel the return flight either.. Hopefully this won't happen to us too, I'm honestly a bit scared now :/

Cancel your ticket before sending it! Better to wait a few days to do this and send it out then go through the living hell that these poor people are now in :/

For you the original poster: What airline did he use? If you want, I can clack around and find some actual humans at that airline you can contact with respect to obtaining an actual letter stating he never left.

Also-is there any paper evidence of him still being with you? Places he's visited, appointments he's had, car rentals in his name-anything?? I'd round up all of that too.