Can you put our minds at ease? (merged)

[Penguin_ie 5,994]

2 minutes ago, mtempelaar said:

There is a scanned letter still in this thread with the OP's full name.  This should be removed.

 

Edited, thanks!

[gareths 3]

2 minutes ago, Penguin_ie said:

 

Edited, thanks!

Thank you guys! Appreciate it! We was a little stressed when looking for answers when I posted that. 

@Penguin_ie I don't know if you have had a chance to skim through this thread but in your experience, have you seen a case similar to ours? Do you think we will be okay with just an addendum to Part 5 explaining what happened in there or should we elaborate further on another page?

[Penguin_ie 5,994]

sorry I have no experience with this sort of thing.

[gareths 3]

2 minutes ago, Penguin_ie said:

sorry I have no experience with this sort of thing.

No worries Penguin!

[Boiler 45,564]

I have seen a few who have abandoned adjustment, usually because they have left without AP.

 

Can not imagine more than a short sentence is required, why is irrelevant.

[gareths 3]

12 hours ago, Boiler said:

I have seen a few who have abandoned adjustment, usually because they have left without AP.

 

Can not imagine more than a short sentence is required, why is irrelevant.

Oh okay! Thank you so much!

[gareths 3]

Hey guys!

Me and my wife are 24. I am from UK she is from Texas. I have asked for guidance on here before. We are just terribly worried, maybe worried for no reason. We went through the whole K1 Process, Subsequently got married within the allotted 90 days. Everything was going great, but we were young and worrying about getting ahead in life. Focusing hard on our career paths. Trying to find our way in the world I guess. We met in college and have been together for 5 years. Married for two now. 

When we came to the AOS status process. We went for the interview and was approved as long as I got my medicals signed off by a registered uscis civil surgeon. We was given RFE for that and given 30 days to get it back. I did that and sent it off but some how it was sent off without the front cover page they gave us which Identified our case with the package. 

Anyway we thought we had done it. We waited and waited to here back, while we were waiting to hear back we did move apartments. The notice was sent to our old address and therefore we did not receive it. ( Went back there to look but they were not a very good apartment complex and did not care for our mail) Anyway I have mentioned all that before. I guess what I am getting at is will we be okay in terms of getting approved for this I-130. We have worked extremely hard getting to that point and I had to leave because it said so on the notice. (You should begin making arrangements to leave the country). We did not have money for a lawyer and were scared as we got a free consultation and he said you have to leave because the time had passed to reopen and we was going to break any rules and found out about the 180 days we are only allowed to overstay and I stayed for around 140 days. 

Now my wife has alot of bills and is working her butt off in the US to hold this all together while I find work here in England. 

We have been having nightmares every night. We just want to be able to put our minds at ease. 

Will the officers be able to see our old K1 case when they get around to this one. Will they question what happened. It was just a silly error. That has ruined everything and added god knows how long onto our lives! 

We are praying for the best! 

 

 

[Roel 7,192]

I don't understand. Why did you leave when your AOS was still pending? 

[Roel 7,192]

To my understanding if your case was denied but your spouse is US citizen, you could have just re-apply.. there was no reason to leave and start loooong spouse visa process. 

 

And to answer your question- yes they will see your k1 and AOS in their system. No it should not affect the spouse visa process much. 

 

 

Edited June 23, 2018 by Roel

[gareths 3]

55 minutes ago, Roel said:

To my understanding if your case was denied but your spouse is US citizen, you could have just re-apply.. there was no reason to leave and start loooong spouse visa process. 

 

And to answer your question- yes they will see your k1 and AOS in their system. No it should not affect the spouse visa process much. 

 

 

The reason for leaving was because it said on the denial notice, you must begin making arrangements to leave the US. The case was considered abandoned because. 1. They did not receive the RFE in time. 2. too much time had elapsed because of changing addresses and the USCIS people on the phone not being able to give correct updates. So the AOS was denied. ? So I could not have just stayed and refiled correct? 

 

Edited June 23, 2018 by gareths

[Roel 7,192]

If your spouse is US citizen any of your illegal presence would be forgiven and you could refile your AOS.  

 

I mean it doesn't matter now. Since I understand you left and you filed for cr1 visa. You will probably be asked about the AOS during your interview, so just explain what happened. 

[gareths 3]

1 minute ago, Roel said:

If your spouse is US citizen any of your illegal presence would be forgiven and you could refile your AOS.  

 

I mean it doesn't matter now. Since I understand you left and you filed for cr1 visa. You will probably be asked about the AOS during your interview, so just explain what happened. 

So there is no way to go back and refile AOS? Can we withdraw the I-130 application? Sorry for this question if it sounds stupid but why would they send such a threatening letter saying you must begin making arrangements to leave. We were young and given false information and that lead to us not wanting to cause any trouble in the future for ourselves. 

[Roel 7,192]

3 minutes ago, gareths said:

So there is no way to go back and refile AOS? Can we withdraw the I-130 application? Sorry for this question if it sounds stupid but why would they send such a threatening letter saying you must begin making arrangements to leave. We were young and given false information and that lead to us not wanting to cause any trouble in the future for ourselves. 

No. Since you already left US and you filed i130, you cannot go back and refile AOS. 

 

I mean maybe my info was wrong, but I've seen many times here on VJ how people were reapplyiny AOS after refusals. 

[gareths 3]

1 minute ago, Roel said:

No. Since you already left US and you filed i130, you cannot go back and refile AOS. 

 

I mean maybe my info was wrong, but I've seen many times here on VJ how people were reapplyiny AOS after refusals. 

Okay thanks for the info man!