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Filed: FB-3 Visa Country: Canada
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Posted

I think You have already submitted AOS and DS-260 after interview before March 2020. Then again third time they have asked for the AOS and DS-260 documents.   

 

Please correct me if I am wrong.

 

thank you.....

 

My DQ in May 2020, I assume that i need to wait for 7-8 months to get interview invitation.

 

Hey Canada_F3:

Yes, more or less like that. I submitted everything on Feb/Mar 2019 and become DQ. Then I resubmitted the AOS and financial supports on Feb. 2020 after the interview. Then Covid came, visa processing stopped, and now they are asking for financial info again, and also an update of DS-260, medicals, and police records. I should clarify that they are not asking AOS again but only the most recent tax returns of the sponsor and joint sponsor I previously submitted on Feb 2020.

 

  • 4 weeks later...
Posted
On 6/9/2021 at 1:27 PM, Daniel Rios said:

I think You have already submitted AOS and DS-260 after interview before March 2020. Then again third time they have asked for the AOS and DS-260 documents.   

 

Please correct me if I am wrong.

 

thank you.....

 

My DQ in May 2020, I assume that i need to wait for 7-8 months to get interview invitation.

 

Hey Canada_F3:

Yes, more or less like that. I submitted everything on Feb/Mar 2019 and become DQ. Then I resubmitted the AOS and financial supports on Feb. 2020 after the interview. Then Covid came, visa processing stopped, and now they are asking for financial info again, and also an update of DS-260, medicals, and police records. I should clarify that they are not asking AOS again but only the most recent tax returns of the sponsor and joint sponsor I previously submitted on Feb 2020.

 

Hey Danial 

 

you got visa!

Posted
On 3/28/2021 at 3:35 PM, Daniel Rios said:

Our visa is F3 and It took us 9 months to get an interview at the Montreal Consulate, pre-COVID times (DQ Feb 2019, interview Nov. 2019). Still waiting for processing after they requested additional information :(

 

you had your interview on Nov 19, so till today you are on administrative processing? what is your current status at ceac?

  • 1 month later...
Posted
On 6/9/2021 at 1:27 PM, Daniel Rios said:

I think You have already submitted AOS and DS-260 after interview before March 2020. Then again third time they have asked for the AOS and DS-260 documents.   

 

Please correct me if I am wrong.

 

thank you.....

 

My DQ in May 2020, I assume that i need to wait for 7-8 months to get interview invitation.

 

Hey Canada_F3:

Yes, more or less like that. I submitted everything on Feb/Mar 2019 and become DQ. Then I resubmitted the AOS and financial supports on Feb. 2020 after the interview. Then Covid came, visa processing stopped, and now they are asking for financial info again, and also an update of DS-260, medicals, and police records. I should clarify that they are not asking AOS again but only the most recent tax returns of the sponsor and joint sponsor I previously submitted on Feb 2020.

 

Did they reopen the DS-260 for you or did you have to submit a new one? What did you have to update in the DS-260?

  • 2 months later...
Posted

hi everyone!!

just wanted to update you all on my situation.

 

i got an interview letter on september 13, 2021. interview scheduled for october 18, 2021 in montreal.

 

everything went smoothly - officer asked me about my dad and what he does (as he is the sponsor), when i last saw him, how long i had been away from home, about my lost status, how i did not go back or try to enter the US until i resolved this visa issue. 

 

i explained how i was doing AOS in the states when i lived there, and submitted my documents twice and was sent to do biometrics after I lost my status. i also showed him (via digital i-94) how i departed in 2017 and never attempted to return until i got the immigrant visa. he also asked if i wanted to opt out of F1 category - which has a longer waiting time - since my father is now a US citizen.

 

he acknowledged that it must've been really tough for me to have lived in the US my whole life and to not be able to go back for 4 years. and when he approved my visa, he said thanks for my patience  throughout this process. so much relief to finally be at the end of this journey and to have such a genuine, kind officer to be interviewed by.

 

i got my passport back with the visa on october 25, and got back to california this weekend and finally reunited with my family :)

 

appreciate all of you forum-goers helping and advising as we all go through this difficult processes. just wanted to give my update to convey some hope to others who are still waiting.

 

💜

Posted
On 11/8/2021 at 1:32 PM, neeuq said:

hi everyone!!

just wanted to update you all on my situation.

 

i got an interview letter on september 13, 2021. interview scheduled for october 18, 2021 in montreal.

 

everything went smoothly - officer asked me about my dad and what he does (as he is the sponsor), when i last saw him, how long i had been away from home, about my lost status, how i did not go back or try to enter the US until i resolved this visa issue. 

 

i explained how i was doing AOS in the states when i lived there, and submitted my documents twice and was sent to do biometrics after I lost my status. i also showed him (via digital i-94) how i departed in 2017 and never attempted to return until i got the immigrant visa. he also asked if i wanted to opt out of F1 category - which has a longer waiting time - since my father is now a US citizen.

 

he acknowledged that it must've been really tough for me to have lived in the US my whole life and to not be able to go back for 4 years. and when he approved my visa, he said thanks for my patience  throughout this process. so much relief to finally be at the end of this journey and to have such a genuine, kind officer to be interviewed by.

 

i got my passport back with the visa on october 25, and got back to california this weekend and finally reunited with my family :)

 

appreciate all of you forum-goers helping and advising as we all go through this difficult processes. just wanted to give my update to convey some hope to others who are still waiting.

 

💜

Congratulations @ neeuq. Your visa category and DQ date?

  • 1 month later...
Posted
On 11/8/2021 at 10:32 AM, neeuq said:

hi everyone!!

just wanted to update you all on my situation.

 

i got an interview letter on september 13, 2021. interview scheduled for october 18, 2021 in montreal.

 

everything went smoothly - officer asked me about my dad and what he does (as he is the sponsor), when i last saw him, how long i had been away from home, about my lost status, how i did not go back or try to enter the US until i resolved this visa issue. 

 

i explained how i was doing AOS in the states when i lived there, and submitted my documents twice and was sent to do biometrics after I lost my status. i also showed him (via digital i-94) how i departed in 2017 and never attempted to return until i got the immigrant visa. he also asked if i wanted to opt out of F1 category - which has a longer waiting time - since my father is now a US citizen.

 

he acknowledged that it must've been really tough for me to have lived in the US my whole life and to not be able to go back for 4 years. and when he approved my visa, he said thanks for my patience  throughout this process. so much relief to finally be at the end of this journey and to have such a genuine, kind officer to be interviewed by.

 

i got my passport back with the visa on october 25, and got back to california this weekend and finally reunited with my family :)

 

appreciate all of you forum-goers helping and advising as we all go through this difficult processes. just wanted to give my update to convey some hope to others who are still waiting.

 

💜

Hello, 

I wanted to ask a few questions since your story is somewhat similar to mine

i was in the US from 2016 till 2021 December 6th

i applied for the I 130 2017 got approved 2019 and 2020 I was denied my I 485 because I was out of status from my F1 student visa , I decided to leave to another country since I couldn’t go back to my home country due to safety issues.

I suddenly got an email from the nvc to submit my documents which have done and waiting for it to be reviewed.

my question is that how did you solve your visa issue? 
and what did he say about your I94 on my own i94 it doesn’t have an expiry date it just shows D/S I’m honestly so anxious because I don’t know if I would be denied.

and what are the other questions he asked about you overstaying 

thank you.

Posted
On 12/22/2021 at 3:43 PM, MADE24 said:

Hello, 

I wanted to ask a few questions since your story is somewhat similar to mine

i was in the US from 2016 till 2021 December 6th

i applied for the I 130 2017 got approved 2019 and 2020 I was denied my I 485 because I was out of status from my F1 student visa , I decided to leave to another country since I couldn’t go back to my home country due to safety issues.

I suddenly got an email from the nvc to submit my documents which have done and waiting for it to be reviewed.

my question is that how did you solve your visa issue? 
and what did he say about your I94 on my own i94 it doesn’t have an expiry date it just shows D/S I’m honestly so anxious because I don’t know if I would be denied.

and what are the other questions he asked about you overstaying 

thank you.

 

 

hi! how long was your overstay? what is your visa category? and also, did they ever send you a letter saying you were banned from entering the country?

 

i never got a letter that banned me. I just got a denial on my I-485 because i was out of status. that is why it was confusing because i don't know how long my overstay technically was since there are many various factors. and whether or not i could have resolved the issue while still being in the U.S. but i guess i'll never know ... my gut told me to leave so i wouldn't run into bigger issues down the line: longer ban, deportation, etc.

 

so fast forward to my interview - he asked me protocol questions: what i do, what my father does, where i was born, if i'd ever been to US etc. and i said yes, lived there for 20 years and my entire family is there who are all citizens now. and then he asked what my status was in the US when i was there - so i explained i ost status while i was in process of AOS. when i sent paperwork for my AOS prematurely (before expiration of the visa), they sent a generic letter saying "don't make any arrangements, don't move, just wait until your PD is current." then when it was, i filed again and they sent me to get my biometrics done a month later. i thought it was best to leave and i didn't even attempt to visit for the last 4.5 years and just lived abroad to ensure i did this all properly. he acknowledged how tough  that must've been for me. i had a copy of the digital i-94 that shows i departed in July 2017 and there is no record of me entering the U.S. since.  he kept it. after we discussed all that, he approved me.

 

i also came with a binder full of documents including copies of all correspondence i've received from USCIS and NVC throughout the last 6 years. i was prepared for any type of question.

 

 

 

Posted
4 hours ago, neeuq said:

 

 

hi! how long was your overstay? what is your visa category? and also, did they ever send you a letter saying you were banned from entering the country?

 

i never got a letter that banned me. I just got a denial on my I-485 because i was out of status. that is why it was confusing because i don't know how long my overstay technically was since there are many various factors. and whether or not i could have resolved the issue while still being in the U.S. but i guess i'll never know ... my gut told me to leave so i wouldn't run into bigger issues down the line: longer ban, deportation, etc.

 

so fast forward to my interview - he asked me protocol questions: what i do, what my father does, where i was born, if i'd ever been to US etc. and i said yes, lived there for 20 years and my entire family is there who are all citizens now. and then he asked what my status was in the US when i was there - so i explained i ost status while i was in process of AOS. when i sent paperwork for my AOS prematurely (before expiration of the visa), they sent a generic letter saying "don't make any arrangements, don't move, just wait until your PD is current." then when it was, i filed again and they sent me to get my biometrics done a month later. i thought it was best to leave and i didn't even attempt to visit for the last 4.5 years and just lived abroad to ensure i did this all properly. he acknowledged how tough  that must've been for me. i had a copy of the digital i-94 that shows i departed in July 2017 and there is no record of me entering the U.S. since.  he kept it. after we discussed all that, he approved me.

 

i also came with a binder full of documents including copies of all correspondence i've received from USCIS and NVC throughout the last 6 years. i was prepared for any type of question.

 

 

 

Okay, so I came in with an F1 student visa,

I wasn’t also ordered to leave neither did I receive any documents for court proceedings I just left cause I felt all hope was lost and it’s been a year since I left. I was contacted by the nvc that my case is with them and I should let them know if I wanted to proceed which I did and had the case transferred from my home country to Canada, 

and on my I 94 there isn’t an expiration date it just shows D/S (duration Stay), 

my parents are in the United States too with my brother I couldn’t go back home due to safety for my life and family. 


I was in school but dropped out the same year due to financial issues, I got my I 130 approved two years after then my I 485 was denied 2020 July I left 1st week December, 

out of the 180 day ban I spent 129 and according to what I read for an F1 visa unlawful presence doesn’t start until you’ve been officially declared out of status by the USCIS. 
what do you think?

do I stand a chance with the consular?

 Do I take my documents with me the one with Uscis and NVC?

Posted
On 12/23/2021 at 9:03 PM, MADE24 said:

Okay, so I came in with an F1 student visa,

I wasn’t also ordered to leave neither did I receive any documents for court proceedings I just left cause I felt all hope was lost and it’s been a year since I left. I was contacted by the nvc that my case is with them and I should let them know if I wanted to proceed which I did and had the case transferred from my home country to Canada, 

and on my I 94 there isn’t an expiration date it just shows D/S (duration Stay), 

my parents are in the United States too with my brother I couldn’t go back home due to safety for my life and family. 


I was in school but dropped out the same year due to financial issues, I got my I 130 approved two years after then my I 485 was denied 2020 July I left 1st week December, 

out of the 180 day ban I spent 129 and according to what I read for an F1 visa unlawful presence doesn’t start until you’ve been officially declared out of status by the USCIS. 
what do you think?

do I stand a chance with the consular?

 Do I take my documents with me the one with Uscis and NVC?

got it.

 

so in 2017,  i handed my i-94 to the airline at the gate so that they'd put in the system that i departed. and then i printed out that digital travel history from the website.

 

to clarify - what year did you drop out and how long was your f1 visa valid for?

your I485 was denied, so i'm assuming they said it was because you were out of status ,right?

 

you should absolutely take all correspondence you've gotten over the years, and be honest about how long you stayed and the fact that you voluntarily left the U.S. and didn't attempt to visit so you could ensure this process would be legit.

 

Posted
On 12/25/2021 at 12:57 PM, neeuq said:

got it.

 

so in 2017,  i handed my i-94 to the airline at the gate so that they'd put in the system that i departed. and then i printed out that digital travel history from the website.

 

to clarify - what year did you drop out and how long was your f1 visa valid for?

your I485 was denied, so i'm assuming they said it was because you were out of status ,right?

 

you should absolutely take all correspondence you've gotten over the years, and be honest about how long you stayed and the fact that you voluntarily left the U.S. and didn't attempt to visit so you could ensure this process would be legit.

 

Twas valid until 2018 December 

dropped out 2017 May 

yes, the i485 was denied because I was out of status even though they approved my I 130. So did the consular say anything about being out of status?

thank you 

Posted
6 hours ago, MADE24 said:

Twas valid until 2018 December 

dropped out 2017 May 

yes, the i485 was denied because I was out of status even though they approved my I 130. So did the consular say anything about being out of status?

thank you 

even though I-130 gets approved, it doesn't guarantee approval of I-485. i think that's because they're not checking your status at that moment of approving your I-130 - it's more so checking your relationship with the sponsor. then when they delve into your i-485 application, they look into your status. this is what i believe.  

 

you said that your overstay doesn't begin until USCIS declares out of status - i'm not totally sure about this, where did you get this info?

IF your overstay counts from dec 2018 (when visa expired) up until dec 2020 (up until you left) - that's a 2 year overstay that could become a 10-year ban. however, if they count it AFTER denial of I-485, like you said, then there wouldn't be a ban.

 

it's really hard to know because they don't make anything clear, especially if you're "in between statuses" or in a process of, because i had the same issue. i didn't truly know when/if i was even banned because my i-485 was denied april 2017 (uscis told me i was out of status) and i left july 2017. i even spoke with multiple attorneys  who didn't know when my ban would've started OR if i even triggered one because there were so many nuances and little things factoring in. it totally sucks that i didn't know because i voluntarily left and didn't even try to visit so i wouldn't trigger any bans (3 year or 10 year) and it could also be that i was fine and didn't have one at all... but it's also up to discretion of the immigration officer you'd deal with if you try to go on a visitor visa. i didn't try because i was too worried i'd have issues down the line so i waited the 4.5 years until i was approved finally last month.

 

that being said, have ALL documents you've ever received from uscis/nvc/consulates/etc and bring them with you to the interview. be honest that you voluntarily left and make sure to include that in your DS-260 form. when the immigration officer asks, be honest and explain the situation with enough details, but not too, too many. 

Posted
On 12/26/2021 at 10:08 PM, neeuq said:

even though I-130 gets approved, it doesn't guarantee approval of I-485. i think that's because they're not checking your status at that moment of approving your I-130 - it's more so checking your relationship with the sponsor. then when they delve into your i-485 application, they look into your status. this is what i believe.  

 

you said that your overstay doesn't begin until USCIS declares out of status - i'm not totally sure about this, where did you get this info?

IF your overstay counts from dec 2018 (when visa expired) up until dec 2020 (up until you left) - that's a 2 year overstay that could become a 10-year ban. however, if they count it AFTER denial of I-485, like you said, then there wouldn't be a ban.

 

it's really hard to know because they don't make anything clear, especially if you're "in between statuses" or in a process of, because i had the same issue. i didn't truly know when/if i was even banned because my i-485 was denied april 2017 (uscis told me i was out of status) and i left july 2017. i even spoke with multiple attorneys  who didn't know when my ban would've started OR if i even triggered one because there were so many nuances and little things factoring in. it totally sucks that i didn't know because i voluntarily left and didn't even try to visit so i wouldn't trigger any bans (3 year or 10 year) and it could also be that i was fine and didn't have one at all... but it's also up to discretion of the immigration officer you'd deal with if you try to go on a visitor visa. i didn't try because i was too worried i'd have issues down the line so i waited the 4.5 years until i was approved finally last month.

 

that being said, have ALL documents you've ever received from uscis/nvc/consulates/etc and bring them with you to the interview. be honest that you voluntarily left and make sure to include that in your DS-260 form. when the immigration officer asks, be honest and explain the situation with enough details, but not too, too many. 

Thank you so much as for the f1 status unlawful presence to be honest I myself don’t have much idea on it until I met this lawyer that told me the unlawful presence doesn’t count in a way the over visa status counts, then I met someone here who shared a link with me 

here it is

https://www.nafsa.org/professional-resources/browse-by-interest/accrual-unlawful-presence-and-f-j-and-m-nonimmigrants. check it out .

Posted
On 12/29/2021 at 12:06 AM, MADE24 said:

Thank you so much as for the f1 status unlawful presence to be honest I myself don’t have much idea on it until I met this lawyer that told me the unlawful presence doesn’t count in a way the over visa status counts, then I met someone here who shared a link with me 

here it is

https://www.nafsa.org/professional-resources/browse-by-interest/accrual-unlawful-presence-and-f-j-and-m-nonimmigrants. check it out .

got it - ok i would definitely print out and bring all this type of info you can in case they ask you at the interview

 
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