Given Section 221(g)

[Crisar15 0]

Hello to all I really hope I can get help. My husband had his interview yesterday at the Guatemalan embassy I petitioned for him. Quick back story, I had filed a k1 back in 2013 he got approved and he came Jan 2014 they give you 90 days to get married or else he had to leave. We got married on feb 2014 then when we were gonna file for the AOS his mother got ill and he left. Now we did get married within the 90 days but the officer said to him yesterday that he over stayed. 😭😭😭 left on May 30 2014 and the I-94 said it expired April. He has to go the the Miration office in Guatemala now and they need to see when he left and come back. So my question is was he ok to stay because we got married or did he have to leave before April? We had no idea. Help please anything to get me moving to help him get home. We have a 2 year old daughter together. Thanks in advance. I'm so sad I can't do anything from over here 

[Roel 7,193]

The thing is that you should have file aos. Without that and the fact that his I-94 expired means that he was technically out of status.  Hence acquiring overstay. It would be forgiven if you gives filed aos and he never left.  Only option now is to file for the spouse visa. Takes about a year before he will be able to come back. Big mistake to leave US without green card or even emergency AP. 

[Dutchster 1,107]

6 minutes ago, Roel said:

The thing is that you should have file aos. Without that and the fact that his I-94 expired means that he was technically out of status.  Hence acquiring overstay. It would be forgiven if you gives filed aos and he never left.  Only option now is to file for the spouse visa. Takes about a year before he will be able to come back. Big mistake to leave US without green card or even emergency AP. 

Sounds to me OP's husband already had his spousal visa interview yesterday and got denied because he overstayed.

[geowrian 22,337]

Getting married doesn't grant him any legal stay. Once his I-94 expired, he was out of status and accruing unlawful presence. Filing for AOS grants authorized stay while it is pending, but would have been abandoned if he left the US without AP (~3 months form filing, or days if emergency AP is approved).

 

Anyway, that's in the past now. He shouldn't have received a bar for overstay since it was less than 180 days. It sounds like they want to confirm the dates he left to ensure he did not overstay by 180+ days and get a bar. Assuming he can show that evidence to the CO, it shouldn't be an issue with the visa now.

Edited May 4, 2017 by geowrian

[Roel 7,193]

11 minutes ago, Dutchster said:

Sounds to me OP's husband already had his spousal visa interview yesterday and got denied because he overstayed.

Sorry I didn't catch that. Thought they didn't get to spouse visa yet.