Help determining my current overstay

[TariesL 0]

Hi,

I'm looking for a little bit of help. I'm hoping to figure out my exact length of overstay currently, as I've read a been given a lot of contradicting information.

I'm hoping to figure out my current overstay so I can figure out the consequences of leaving the country. After moving here, marrying my ex-wife, going through large amounts of domestic violence and now filing for VAWA, I haven't left the country or been home in 3 years. I miss my family, my friends - and I'm really hoping to go home.

Here are the basic facts.

I had been dating my wife for a couple of years prior. On October 19th 2011 I entered the US on a VWP. This was my 7th or 8th trip in the country using VWP. My passport was stamped with this date, as well as the date underneath, being January 17th 2012 (Which would have been the last of my 90 days). Whilst I was in the states, we got married. We were married on January 12th 2012.

We filed for AOS, from my VWP. It took MUCH longer than I wanted to send this off (Part of her plan, unfortunately, to make sure I overstayed in case she wanted any more control of the situation). The file was sent off on July 9th 2012. It was signed for on July 10th 2012 and I received my text from USCIS confirming receipt on July 12th 2012.

Now from my understanding, this brings my overstay very close to the 180 days that would make the difference between a 3 year ban and not. From my little understanding, I believe that obviously going through AOS like this, it puts a stop to your overstay?? If so, does anyone know the EXACT point at which this comes it to play and I stop accruing more overstay??

To then make things more complicated - Our AOS Greencard interview was set for the middle of December, however, at the beginning of December my wife kicked me out of our apartment, took all my belongings and money, and left me. I attended the AOS interview alone, and mentioned to the kind lady who interviewed me, I would be filing for VAWA - and from my understanding, she sent my case file to Vermont. After this, I have received nothing from USCIS to this date referring to my case. (I received one letter for an interview in April 2013, however I received another the day after saying the interview had been cancelled and would be rescheduled.) - To my belief, this is the last contact I have had from them. I haven't divorced from the ex - however late last year I received a call from a divorce lawyer, however I never went to her office to collect papers like she asked - So Im sure she has filed for divorce without me. (I mention this in case it affects my overstay in any way.)

I currently have not checked my status online at USCIS with my MSC number, through fear of alerting something to happening whilst preparing my VAWA.

So - with all this in mind - is there an exact way to figure out how many I have accrued as overstay? As at the moment, that is going to make the difference as to whether I complete the rest of my filing inside or outside of the states. As I don't mind having to apply for another visa if I decide to ever come back - but a three year ban is something I don't want - and will therefore file inside the states!

Thank you!!!

[belinda63 3,047]

Honey you need to file for VAWA. USCIS will not file it for you. You need to read up on it and file the I-360 with all the supporting documents. I suggest you join the VAWA thread on the forum. You should have received a letter saying your AOS was denied.

[Hypnos 6,578]

You would need to check your I-485 status to get accurate advice here. I understand why you are not wanting to do so, but your beliefs are unfounded. Simply looking at your case status will not trigger any actions from USCIS whatsoever.

Put your I-485 receipt number into https://egov.uscis.gov/cris/Dashboard/CaseStatus.do and post back here as to what it says.

[TariesL 0]

Honey you need to file for VAWA. USCIS will not file it for you. You need to read up on it and file the I-360 with all the supporting documents. I suggest you join the VAWA thread on the forum. You should have received a letter saying your AOS was denied.

Hi Belinda63,

Thank you! I understand I need to file the VAWA myself. I have collected most of the documents I need - Maybe I didn't convey that very well - I'm just not 100% ready to file yet - and If I can do this back home in the UK without triggering a ban, I would like to do so if possible.

I haven't received any letter however - Normally when they send a letter they send an email also correct? If so, I haven't received that either or anything. Which I *think* Im glad about. As obviously the last thing I want is to hit removal proceedings or anything!!

And Ive joined the VAWA thread for my questions there!! Thanks again!

[belinda63 3,047]

Just because you don't see the sun doesn't mean it isn't there. You need to find out what your current status in the US is. I would strongly advise against leaving the US until you have your green card. You also need to get a copy of your divorce decree because you only have two years from the date of divorce to file VAWA. Most likely your AOS was denied and you were ordered to leave the US. Just because you didn't hear about it doesn't mean it didn't happen.

[TariesL 0]

You would need to check your I-485 status to get accurate advice here. I understand why you are not wanting to do so, but your beliefs are unfounded. Simply looking at your case status will not trigger any actions from USCIS whatsoever.

Put your I-485 receipt number into https://egov.uscis.gov/cris/Dashboard/CaseStatus.do and post back here as to what it says.

Hi Hypnos

I hope you're right!! I just checked, and I have the following message.

It says I'm in initial review. Here is the copy and pasted info. The action was the last action I took, when I changed my address with them, nothing has happened since.

I just hope nothing changes now I searched it. but I guess since you can type in any number ever, it probably shouldn't affect it no, and not trigger any action???

Fingers crossed. does this help at all?

Initial Review

On April 8, 2013, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

[TariesL 0]

Also if it helps, I just checked my case numbers for my I-130 and my I765 - and they are both at initial review too!

The I765 used to be at card produced, as I received this - but it went back to initial review at some point. the last thing they say, was the last action taken was when I changed my address previously in January 2013

[Hypnos 6,578]

Ok that's a good thing, since it means technically you've accrued no further overstay on top of the ~177 days you have already overstayed. I would honestly have expected them to deny the I-485 by now, so you're quite fortunate that that hasn't happened.

First off, you should not depart the US. I apologise if that isn't what you want to hear, but honestly if you leave then most likely you aren't coming back, or at least not to live.

On the other thread you intimated that you have proof of physical and mental abuse, so you should file for VAWA. You must find out whether or not your wife has filed for or even received a divorce, because this may affect your eligibility to file under VAWA. Even if you are now divorced, you can still file for VAWA within two years of it becoming final, but as Sandra said elsewhere it will be a problem if your wife filed on the grounds of fraud. This makes it exponentially more difficult to prove a good-faith marriage, which is a requirement to file under VAWA. So, step one, contact the courthouse that has jurisdiction over wherever your wife lived and find out if she's filed for divorce there.

[Harpa Timsah 13,258]

Don't leave the US. Sorry. I am not sure your AP card is good anymore anyway; it's been over a year. How were you planning on coming back? VAWA is filed from within the US, not from outside.

[Ontarkie 14,449]

~~Thread moved to Effects of Major Family Changes on Immigration Benefits, from Adjustment of Status from Work, Student, & Tourist Visas, as it fits the discussions in this forum.~~

[TariesL 0]

Ok that's a good thing, since it means technically you've accrued no further overstay on top of the ~177 days you have already overstayed. I would honestly have expected them to deny the I-485 by now, so you're quite fortunate that that hasn't happened.

First off, you should not depart the US. I apologise if that isn't what you want to hear, but honestly if you leave then most likely you aren't coming back, or at least not to live.

On the other thread you intimated that you have proof of physical and mental abuse, so you should file for VAWA. You must find out whether or not your wife has filed for or even received a divorce, because this may affect your eligibility to file under VAWA. Even if you are now divorced, you can still file for VAWA within two years of it becoming final, but as Sandra said elsewhere it will be a problem if your wife filed on the grounds of fraud. This makes it exponentially more difficult to prove a good-faith marriage, which is a requirement to file under VAWA. So, step one, contact the courthouse that has jurisdiction over wherever your wife lived and find out if she's filed for divorce there.

Ok - Well that gives me slight relief. So with all the facts in mind - it doesn't look like there is anyway currently I could have gone over those 180 days yet? And so forgive me for clarifying - but as long as the I-485 stays in initial review and isn't denied, Im not accruing anymore overstay? And with this in mind - if my I-485 gets denied, I could have (as unadvisable as it is) a couple of days to leave the country, before getting to the 180 day 3 year ban line?

So - what is my current legal status here?

I'm not sure why they haven't denied it as of yet. I'm thankful they haven't, so as to allow me the time I need - now getting VAWA in before this happens is the next step, hopefully whilst keeping the overstay at 177 days. Once I put the VAWA in, does this once again, but a hold on that, and stop more overstay?

And thank you for the brutal honesty - I would love to leave, I think not being able to work and see my friends and family is finally hitting me - but if sorting through this means staying here, then I will - and hopefully I won't have to make a decision based on avoiding the 180 days 3 year ban mark.

Yes - VAWA is my absolutely priority right now. It seems the divorce part is far more important than I realised. I'm slightly confident that she wouldn't file on grounds of fraud. We have an extremely strong case for bonafide marriage, and plus, claiming fraud would affect her as much as myself right? However, I don't know on what possible grounds she would file to try and make things as difficult for me as possible whilst keeping herself clean - So I will contact the local civil courthouse, and see if they can give me any information, and I will report back! thank you again!!

Don't leave the US. Sorry. I am not sure your AP card is good anymore anyway; it's been over a year. How were you planning on coming back? VAWA is filed from within the US, not from outside.

Don't be sorry - brutal honest advice is what I'm looking for

I don't think coming back was high on my priority list. I guess, I'm not filing VAWA for access to a green card. I'm filing for my ability to be able to come and go from the states. If I could forgo the green card and just go back to being able to use VWP I would. I can't do that, so I have to go the VAWA green card route. However, if I do need to do it here, then I will stay. I'm just a bit fed up (Not that I have a home to go back to, or anything back at home, or even many friends of family these days). I think Im just a bit fed up!

From what I read I thought I could file from outside of the US, or maybe Im just reading it wrong. I found the info on the USCIS website - Ill copy and paste it. Please let me know if Im misunderstanding!

Filing Process

• You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.
• You must file the form with the Vermont Service Center (VSC).
• If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:
  • the abuser is an employee of the U.S. government,
  • the abuser is a member of the uniformed services, or
  • you were subjected to battery or extreme cruelty in the United States.

[Harpa Timsah 13,258]

If you don't want to live in the US, you could pursue a B2 for visiting.

I say, if you are fed up, channel that energy into getting VAWA filed this week. You have languished a long while.

Edited June 16, 2014 by Harpa Timsah

[TariesL 0]

If you don't want to live in the US, you could pursue a B2 for visiting.

I say, if you are fed up, channel that energy into getting VAWA filed this week. You have languished a long while.

Thats exactly what I was thinking - If I leave now, knowing I haven't gone over the 180 days, If I ever did want to come back, I could look at a B2 or similar visa to potentially come back, knowing I wouldn't have to wait a 3 year ban (I'm currently dating an American, and she is great - but she is happy a the thought of potentially moving to the UK haha). - this is ultimately why Im trying to establish exactly why current overstay - that way, if I left with her, I have at least an option to come back. Wed hate to leave - try and come back to find out I have a 3 or 10 year ban! Im probably not conveying myself very well so forgive me if so!

And more great advice thank you! I think channeling it all into the VAWA right now might just be the best way forward!

[Sandra G. 5,060]

TariesL decide once for all if you want to stay or to leave for good, it will be a long journey, 2/5 months to have your Vawa approved, and between 4/8 months to have your AOS approved. Set up your priorities straight and go for it!. .It's advised NOT to travel with Vawa pending!

I answered your question on the thread Vawa part 5. California has just two grounds for divorce, irreconcilable differences and insanity.

[Hypnos 6,578]

As the I-485 is somehow still pending then your current status is "AoS pending" or "adjustment applicant". It's technically not a status, it's just considered a period of lawful presence. That isn't going to last forever though, and as I said it's unusual for them to have sat on it this long. Maybe your I-485 has fallen through the cracks somewhere. I suspect the officer who interviewed you sent your I-485 to the Vermont Service Centre once you said you were intending to file for VAWA, as I have heard they can "park" them there whilst the applicant formally files their I-360 and then they pair them together.

Until your I-485 is denied you will not accrue overstay, VAWA filing or not.

You probably know this, but since you have overstayed the VWP then you can never use it again, and would need to apply for a visa (B-2 for just visiting) before you could re-enter the US, if you left without obtaining a green card.

Technically, you can file for VAWA outside the US, but that's usually only for people who can prove that they left the US directly as a result of the abuse they suffered. In your situation that did not happen, so leaving the US for the UK and then filing abroad is not a tremendous idea. The good news here is that VAWA I-360s are processing much faster than they used to. A year or two ago it was sitting at 1 - 2 years, now it's more like 4 - 5 months. If you file in the near future you would have a good chance of receiving a decision by the end of the year. Assuming your I-360 was approved then your I-485 should be re-animated by USCIS and sent to your local office again for a second interview, this time based upon prior VAWA approval.