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Himenov

Lost sevis

By Himenov in Student & Exchange Visitor Visas

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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
Posted (edited)

Hi everyone, I'm new here. I was a student and end up married with USC and having 2 kids. Will go back to my home country soon for spouse visa process, but I'm worried that I couldn't come back here because my I20 is missing and I got terminated for my sevis. Anybody have the same experience?

Thanks

Edited by Himenov
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TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to the forum. Your thread is moved from "Introducing Our Members" to the "Student & Exchange Visitor Visas" forum, which would seem to be most appropriate for your query. Someone should be along soon to help you. Good luck.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Do you have a green card if you were married to a USC?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
  • Author
Posted

Not yet, the lawyer told me to go back and apply the green card from my home country because I have 2 years home residency and I'm not credible to apply for waiver

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usmsbow Proficient

usmsbow   801

Posted
Filed: Citizen (apr) Country: Indonesia
 Timeline
Posted

Not yet, the lawyer told me to go back and apply the green card from my home country because I have 2 years home residency and I'm not credible to apply for waiver

That sounds like really bad advice. From what I've read on VJ, you should NOT leave the US, but instead apply for a green card here (adjustment of status). If you leave, you might be banned from returning for awhile. You haven't said how long you've overstayed either, so don't know if you face a ban or not.

Threads that might assist you:

http://www.visajourney.com/forums/topic/306395-us-citizen-married-immigrant-on-b2-out-of-status/

http://www.visajourney.com/forums/topic/461984-aos-from-out-of-status-f-1-student-visa-to-permanent-resident/

http://www.visajourney.com/forums/topic/508109-f1-out-of-status-married-to-us-citizen/

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted (edited)

Not yet, the lawyer told me to go back and apply the green card from my home country because I have 2 years home residency and I'm not credible to apply for waiver

This is really bad advice. Your visa will be denied a visa until you complete your 2 years HRR. You will not be allowed back into the US.

Edited by Jojo92122
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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
  • Author
Posted (edited)

That sounds like really bad advice. From what I've read on VJ, you should NOT leave the US, but instead apply for a green card here (adjustment of status). If you leave, you might be banned from returning for awhile. You haven't said how long you've overstayed either, so don't know if you face a ban or not.

Threads that might assist you:

http://www.visajourney.com/forums/topic/306395-us-citizen-married-immigrant-on-b2-out-of-status/

http://www.visajourney.com/forums/topic/461984-aos-from-out-of-status-f-1-student-visa-to-permanent-resident/

http://www.visajourney.com/forums/topic/508109-f1-out-of-status-married-to-us-citizen/

Edited by Himenov
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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
  • Author
Posted (edited)

The reason I'm not eligible for waiver is because I was on J1 visa and a government funding study. If I apply for waiver, it would be impossible to be approved.

I have overstayed for 3 years

Edited by Himenov
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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

The reason I'm not eligible for waiver is because I was on J1 visa and a government funding study. If I apply for waiver, it would be impossible to be approved.

I have overstayed for 3 years

Since you do not qualify for the waiver, you must fulfill your 2 years HRR before the US Embassy can issue you a visa. There are no exceptions even with 2 US citizen babies. If you leave the US, you will not be returning.

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usmsbow Proficient

usmsbow   801

Posted
Filed: Citizen (apr) Country: Indonesia
 Timeline
Posted

The reason I'm not eligible for waiver is because I was on J1 visa and a government funding study. If I apply for waiver, it would be impossible to be approved.

I have overstayed for 3 years

Even more reason to stay in the USA and try for AoS. I realize it's expensive ($1070), but I'd rather pay that and confirm I have to leave the country then just leave the USA and know I'm not coming back for a few years (especially when you have a couple children).

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Even more reason to stay in the USA and try for AoS. I realize it's expensive ($1070), but I'd rather pay that and confirm I have to leave the country then just leave the USA and know I'm not coming back for a few years (especially when you have a couple children).

You are wrong.

OP has to be eligible to adjust status when filing AOS paperwork. She is not because she has 2 years HRR.

( c ) Ineligible aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act: (Added 10/1/94; 59 FR 51091)
(2) Except for an alien who is applying for residence under the provisions of section 133 of the Immigration Act of 1990, any alien who has or had the status of an exchange visitor under section 101(a)(15)(J) of the Act and who is subject to the foreign residence requirement of section 212(e) of the Act, unless the alien has complied with the foreign residence requirement or has been granted a waiver of that requirement, under that section. An alien who has been granted a waiver under section 212(e)(iii) of the Act based on a request by a State Department of Health (or its equivalent) under Pub. L. 103-416 shall be ineligible to apply for adjustment of status under section 245 of the Act if the terms and conditions specified in section 214(l) of the Act and Sec. 212.7©(9) of this chapter have not been met; (Amended effective 11/28/11; 76 FR 53764) (Amended 5/18/95; 60 FR 26676)

She is ineligible to APPLY for AOS until the J1 waiver has been granted.

Filing AOS now is just a waste of money.

Since she said J1 visa is a government funding study, it will be extremely hard to waive the 2 years HRR.

Done with K1, AOS and ROC

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usmsbow Proficient

usmsbow   801

Posted
Filed: Citizen (apr) Country: Indonesia
 Timeline
Posted

You are wrong.

OP has to be eligible to adjust status when filing AOS paperwork. She is not because she has 2 years HRR.

She is ineligible to APPLY for AOS until the J1 waiver has been granted.

Filing AOS now is just a waste of money.

Since she said J1 visa is a government funding study, it will be extremely hard to waive the 2 years HRR.

I stand corrected. Thanks for the info.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
  • Author
Posted (edited)

Thanks for the info! I planned to come back and fulfil my 2YHR anyway. We didn't know the consequences of me doing overstay in certain time can effect me that bad.

So can't I come back to the us?

Do I need I20 to apply AOS later?

Edited by Himenov
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Himenov Rookie

Himenov   2

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
 Timeline
  • Author
Posted (edited)

This is really bad advice. Your visa will be denied a visa until you complete your 2 years HRR. You will not be allowed back into the US.

What do you mean I will not be allowed back into the US? Edited by Himenov
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