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gareths

Visa Overstay Immigration Laywer

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13 hours ago, Boiler said:

OK what was the date of the denial, 26th October? Trying to see best and worst case.

 

10 hours ago, geowrian said:

For AOS, yes. The bar is upon exit.

For a visa abroad, no.

 

6 hours ago, gareths said:

So its possible a 10 year ban and also possible no ban? 

 

5 minutes ago, gareths said:

Yes that is the denial date. Sorry that is my old account on my phone.

Ok. Now that we know the date of denial was 26th October, lets hope the more experienced members can give you a good answer. 

 

I don't think you will have a ban because there is only 152 days between denial and leaving the country. But I do not know for sure. I know over stays of less than 180 days can be forgiven.

Edited by EmmNM
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Filed: K-1 Visa Country: Wales
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Usually the letter would give you a certain time to leave by so there does not appear a bar for that. Not sure I have seen such a case before and do not know how the Consulate will view things.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: United Kingdom
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57 minutes ago, Boiler said:

Usually the letter would give you a certain time to leave by so there does not appear a bar for that. Not sure I have seen such a case before and do not know how the Consulate will view things.

So its pretty much in the consulates hands at this point?

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Filed: K-1 Visa Country: Wales
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10 minutes ago, gareths said:

So its pretty much in the consulates hands at this point?

Always is really, expect sime hgead scratching as I doubt they see many cases like this.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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31 minutes ago, Boiler said:
41 minutes ago, Boiler said:

Always is really, expect sime hgead scratching as I doubt they see many cases like this.

 

Is it really that bad?

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2 minutes ago, EmmNM said:

I've been following this and forgive me if I missed where you said it. Why were you denied in the 1st place?

Due to abandonment, We sent back our RFE within the time given but without the cover sheet that was necessary. Then got a denial letter eventually because of moving and address change not going through, telling me to leave because of the AOS being denied so I did. What you think?

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3 minutes ago, gareths said:

Due to abandonment, We sent back our RFE within the time given but without the cover sheet that was necessary. Then got a denial letter eventually because of moving and address change not going through, telling me to leave because of the AOS being denied so I did. What you think?

I'm not an expert but I believe strongly that you have a good chance. Was there a leave the country by date on your letter? Additionally, I would just include an explanation letter with your new petition. And make SURE you have everything filed correctly this time with a detailed cover letter of course.

 

When you file your i-130 front load your petition with a lot of proof of ongoing relationship.

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