Cr1 with Overstay

[patpnut 0]

Hey guys I need some info because I cannot seem to get answers.. I first came to the us on a student Visa in 2002 obviously my student visa ran out and met my wife in 2016. Aug of 2016 I applied for AOS , I got my travel card sometimes in NOV 2016. I had to leave the country , left 12/2016 and came back February of 2017 . When I came back we did not get letter for the interview so when our lawyer told us literally the same day of the interview and we couldn't make it and requested to have the interview postponed. Long story short my lawyer said we had to wait until they denied the case before we could start again afresh. Long story I had to leave the country without applying for a waiver and I would like to apply for a CR1 from abroad. My questions is are they going to calculate unlawful presence from 2006 or 2017 after the first application was denied because they could not postpone the interview ?

[Villanelle 4,122]

Calculating overstay is very hard. Some days count and some dont. It gets complicated trying to figure out which is which. The bottom line is USCIS will tell you if you need a waiver for overstay or not. They calculate it and pretty much whatever they say is how it is. Generally when a petition is pending the time spent waiting is not held against you but if its denied the time will be held against you. But overall looking at your post even if they dont count some of the time because you had a petition pending you will still have a ban and need a waiver. I am assuming after the denial in 2017 you spent at least 180 days in the US before leaving right? 

[patpnut 0]

16 minutes ago, Villanelle said:

Calculating overstay is very hard. Some days count and some dont. It gets complicated trying to figure out which is which. The bottom line is USCIS will tell you if you need a waiver for overstay or not. They calculate it and pretty much whatever they say is how it is. Generally when a petition is pending the time spent waiting is not held against you but if its denied the time will be held against you. But overall looking at your post even if they dont count some of the time because you had a petition pending you will still have a ban and need a waiver. I am assuming after the denial in 2017 you spent at least 180 days in the US before leaving right? 

Correct over 180 days but less than a year since I left in November 2017