Really, really, complicated case

[missinu 1]

Hello, Im new to visa journey.

I have a few questions about changing my student visa to adjustment of status to I-130. Its a really complicated situation that im not sure if I know how to find the answers to.

I come over to the US with a valid/legal student visa back in 2001. My f-1 visa had a D/s (meaning no expiration date). I stayed 2 years in the United states after leaving school and got married to a USC. We were married, living together for 3 years. We filed for a AOS(adjustment of status), but it never got approved because we got seperated. While seperated, I moved away from her(she was crazy ) and lived with my friends. The only thing I received from the AOS was a EAD and had an interview date. WHile seperated for almost a year, I grew to fall in love with another USC female . I filed the divorce with my ex-wife(she didnt want to, but I paid for everything). I had to leave the United States due to some really important family issues.After she finally realized I was serious, she cancelled the AOS. I had received a letter in the mail explaining that she cancelled it. I didnt care, and knew the relationship was over with . I left 1 week from me receiving the letter.

Months later...I stayed in contact with the USC I met during the separation of my ex-wife. We ended up getting married after the divorce was finalized(I have the divorce paperwork). We filed for the I130, and we are apart and I miss her. I been here almost a year. :help:

My questions

1. Do you believe I overstayed?

2. What should I write on the DS-230? Part II letter H

3. Do you know any good immigration lawyers? <---none that charge alot or will just take my money (I currently reside in Kansas)

4. Is there anyway i could call someone to find out if i overstayed or not?(CBP,USCIS,DHS,etc)

Will the adjustment of status be forgiven with my AOS?

[Deputy Purple 1,294]

Have you been in school all this time?

You don't mention how you made your last entry into the US.

[Darkarma 2]

Your story is incomplete. Did you file for AOS while in school i.e. on a F-1 visa mainatining status or did you file after loosing status? If you filed after loosing status then you are subject to a 10 yr bar after abandonement of AOS. I presume you are filling for consular process. If you filed before loosing status then you are okay, if you can prove so to the consular officer at the embassy. Where did you get married to the current spouse?

Edited November 11, 2010 by ravi_niu

[Harpa Timsah 13,258]

Where is "here?" You say Kansas, but you made it seem like you are abroad. Did you return to the US after leaving and abandoning your AOS?

[VanessaTony 3,567]

- I come over to the US with a valid/legal student visa back in 2001. My f-1 visa had a D/s (meaning no expiration date"duration of status" here: http://travel.state.gov/visa/temp/info/info_1298.html).

- I stayed 2 years in the United states after leaving school and got married to a USC.

- We were married, living together for 3 years. We filed for a AOS(adjustment of status), but it never got approved because we got seperated.

- While seperated, for almost a year, I filed the divorce with my ex-wife.

- I had to leave the United States due to some really important family issues. She cancelled the AOS. I received a letter in the mail explaining that she cancelled it. I left 1 week from me receiving the letter.

- Months later...I stayed in contact with the (other) USC. We ended up getting married after the divorce was finalized(I have the divorce paperwork).

- We filed for the I130, and we are apart and I miss her. I been here almost a year.

My questions

1. Do you believe I overstayed?

2. What should I write on the DS-230? Part II letter H

3. Do you know any good immigration lawyers? <---none that charge alot or will just take my money (I currently reside in Kansas)

4. Is there anyway i could call someone to find out if i overstayed or not?(CBP,USCIS,DHS,etc)

Will the adjustment of statusoverstay be forgiven with my AOS?

As stated we need to know some things before we can properly answer.

1. What year did you finish school?

2. What year you apply for AOS?

3. What year was your AOS denied (or withdrawn by your ex)?

4. When did you leave the US?

5. When and where did you marry the new USC? If in the US, did you leave after the wedding? or before? Did you leave the US and return to get married and then leave again? Or did you leave the once after AOS denial/withdraw and haven't been back since?

6. Are you back in the US? If so, what visa did you re-enter on?

7. What are you applying for? CR-1? or AOS (if you're in the US)

Once you answer those questions we'll have a clearer picture of what's going on.

**Edit - Assuming you are not currently in the US.. not to freak you out but IF you hadn't left the country and IF you had your AOS approved before leaving then yes, your overstay would have been forgiven. Your post (above) states that you stayed in the US 2 years after finishing school. You were only authorised stay while in school, or "in status" (you normally receive a letter telling you you have 60 or 90 days or something to "wind up" things in the US before you have to leave). So yes, you've overstayed by your own admission by at least 2 years. Anything over 1 year is a 10 year ban BUT the ban only affects you if you leave the US without a GC.

So, it looks like yes, you have an overstay and yes you have a 10 year ban. You will have your visa to the US denied and you will need to apply for a waiver.

If you're in the US currently, the answer is different so answer my questions above and hopefully it isn't as "bad" as everything I just wrote.

Edited November 11, 2010 by Vanessa&Tony

[missinu 1]

Hello all, today I went to an infopass appointment which I felt was not very informative. The lady had an attitude with several people there, including me. I have a difficult case that I do not know the answer to and apparently no one seems to know. The only person that would possibly know how to answer it, I cannot contact them personally. Im so confused.

In the past couple weeks, I have talked to 6 different lawyers and had the infopass appointment. Out of those 6 lawyers, 5 said stating that my husband did not overstay and the 6th one just said "yes he needs a waiver, $1750" in an email. Others explained that he did not overstay because of the D/s stamped on his I-94 or the AOS(adjustment of status)

I am so confused on whats going to happen. One lawyer mentioned that on the DS-230 form we can put a ?(question mark) next to 40H and submit information as to why we are unsure. Can we do that? I have no idea. Please help if anyone can possibly do so.

The infopass lady told me she couldnt let me know if he overstayed due to his privacy. OK I understand that but I dont understand why he cannot receive his own information. I am getting stressed and depressed over this and I wish this could all just be over with.

[baron555 934]

Hello all, today I went to an infopass appointment which I felt was not very informative. The lady had an attitude with several people there, including me. I have a difficult case that I do not know the answer to and apparently no one seems to know. The only person that would possibly know how to answer it, I cannot contact them personally. Im so confused.

In the past couple weeks, I have talked to 6 different lawyers and had the infopass appointment. Out of those 6 lawyers, 5 said stating that my husband did not overstay and the 6th one just said "yes he needs a waiver, $1750" in an email. Others explained that he did not overstay because of the D/s stamped on his I-94 or the AOS(adjustment of status)

I am so confused on whats going to happen. One lawyer mentioned that on the DS-230 form we can put a ?(question mark) next to 40H and submit information as to why we are unsure. Can we do that? I have no idea. Please help if anyone can possibly do so.

The infopass lady told me she couldnt let me know if he overstayed due to his privacy. OK I understand that but I dont understand why he cannot receive his own information. I am getting stressed and depressed over this and I wish this could all just be over with.

So.....what you want from us? You haven't given any and all of the details of this case, so we here can't possibly begin to suggest anything. I guess not knowing anything would be to err on the side of caution.

[missinu 1]

He entered with a f-1 visa(student) that said d/s on it. Then couldnt finish school because of financial reasons. a few years later, he got married to a USC and filed for AOS(adjustmetnt of status). He received his EAD and had an interview date. They got a divorce and the government sent him a letter stating it was cancelled. WHen he received the letter, he left the U.S. 2 weeks later.

Some lawyers say no because of his d/s and no information was given to him to leave. Others say because of the AOS.

At the infopass appointment, the lady said yes, because of the time between the student and AOS he was an overstay.

We dont know what to put on the ds-230 #40 H. A couple lawyers said attach a sheet explaining. But one lawyer stated to put a ?(question mark) and attach a sheet.

I was wondering if we can put a ?(question mark) and attach a sheet? or will NVC get upset with that?

If you do not know, any input would help. Please

[Ontarkie 14,221]

I'm not sure about the overstay but I would put down next to the question something like "see additional page for details". NVC will not be upset with an additional page.

Edited November 16, 2010 by Ontarkie

[missinu 1]

Thank you Ontarkie, we were thinking that but was unsure if they would send it back to us. We definitely dont want to put the wrong thing down. Thank you

[Brother Hesekiel 2,236]

Okay. I will tell you a secret: the key to proper advice is information. If I'm a doctor and you tell me you have nose bleed but forget to mention that somebody threw a 200-lbs. steel plate on your chest the night before, I might not be on the right track.

I understand the F-1 with the D/S, the canceled AOS, and that the guy left the country.

But when was that?

Did you come back? If so, when?

What visa are you applying for?

And so on. You give me information, I'll give you answer. Very easy. Like eating salad.

[missinu 1]

Okay. I will tell you a secret: the key to proper advice is information. If I'm a doctor and you tell me you have nose bleed but forget to mention that somebody threw a 200-lbs. steel plate on your chest the night before, I might not be on the right track.

I understand the F-1 with the D/S, the canceled AOS, and that the guy left the country.

But when was that?

Did you come back? If so, when?

What visa are you applying for?

And so on. You give me information, I'll give you answer. Very easy. Like eating salad.

Yes he left the country back in feb 2010 on his own with no deportation.

I am in the U.S. and filing a 130- CR-1/Ir-1

I was just looking ahead trying to figure out the ds-230 paperwork.

[JimVaPhuong 4,863]

Yes he left the country back in feb 2010 on his own with no deportation.

I am in the U.S. and filing a 130- CR-1/Ir-1

I was just looking ahead trying to figure out the ds-230 paperwork.

Getting information out of you is like pulling teeth!

Yes, he was out of status. If he remains in the US, but discontinues his studies for a period of 5 months or more, then his status has ended. "Duration of stay" requires that he continue his studies as a prerequisite to maintaining his status.

You said he "couldnt finish school because of financial reasons. a few years later, he got married to a USC and filed for AOS". A few years would be more than 5 months, so he's out of status. A few years is also more than 180 days, and more than 1 year, so he has a 10 year ban that began the day he left the US. The period of time that his AOS was pending is not included, as he is granted a temporary period of authorized stay while the AOS is being adjudicated. He didn't adjust status, so the overstay remains. He'll need an I-601 waiver to return.

[VanessaTony 3,567]

So.....what you want from us? You haven't given any and all of the details of this case, so we here can't possibly begin to suggest anything. I guess not knowing anything would be to err on the side of caution.

This is the original post: http://www.visajourney.com/forums/topic/282452-really-really-complicated-case/

OP, as I told you in that post, there are several questions that need to be answered before we can properly advise.

Edited November 17, 2010 by Vanessa&Tony

[VanessaTony 3,567]

Original topic posted above.