Left (and RETURNED) without AP but now have AOS interview

[TonyDanza 0]

Hi all.

I posted here before and it turned into a why are you so stupid thread. But I fixed the main issue and am now back in the US.

I am awaiting my AOS interview and left the country without AP to attend an important family event. (Stupid I know).

I was worried about getting back into the US but my plane ticket to my home country happened to have a layover which went through a US airport where they required me to go through customs...which I cleared.

Now though, I have two issues. I have a passport with a recent entry stamp, (doesn't match my original entry date prior to this trip which I stated on my AOS forms) and my new passport was issued a week ago while overseas, meaning it was issued outside the US, i.e proof I left.

Will these be serious issues at the AOS interview? Was I not supposed to leave the country because of the danger of not getting back in, and that was it? Any other reason? Did I violate and laws? I told the customs official the truth but am worried about the INS official thinking I lied or telling me that I broke a law by leaving without AP.

The last question is, if I have broken a rule by leaving, can I attend the AOS interview without a passport but perhaps a letter stating I have applied for a new one? I am kind of desperate here and realize my mistake here so please, advice helps where criticism doesn't. I am just trying to minimize the damage I inadvertantly caused by making a hasty and emotional desision. And my AOS interview is bearing down quickly so I am working to problem solve this situation.

Anyway, thanks for reading and/or posting~

[YuAndDan 153]

USCIS may consider I-485 to be abandoned due to travel without AP. I have seen other posts where they deny the AOS due to travel.

You may be filing an I-130 for a spousal visa.

SEE: http://www.visajourney.com/forums/index.ph...=165251&hl=

They will know about the trip, Customs (POE) is part of USCIS and this record will be on file, NEVER try to misrepresent yourself, the result will be deportation and a ban on future entries.

Moving to AOS from Work/Visitor/Student visa forum

Edited March 2, 2009 by YuAndDan

[Minya's wife 24]

Have you tried getting an INFOPASS appointment and speaking w/ an immigration officer before your AOS interview....maybe they can enlighten you as to whether you should be waiting out the interview, or withdrawing your I-485 and re-filing for AOS with the I-130.

Leaving the country, without AP while AOS is pending, could be constituted as abandoning your application to adjust status. That is why you were not supposed to leave the country without prior approval of AP, because it nullifies your AOS(based upon the K-1) application. Now, you are certainly in a quandary because as stated by YandD, you must never lie to USCIS, and will need to disclose your leaving the country w/out AP, but doing so may trigger a denial of your I-485 application. USCIS will have the information that you left and re-entered anyways...so old passport or new, they will know before your interview.

Edited March 2, 2009 by Minya's wife

[john_and_marlene 162]

Your AOS was abandoned when you left. If you attempt to "hide" the fact that you left the U.S. it would be material misrepresentation and can keep you from ever immigrating. Your most recent entry was definitely with immigrant intent without an immigrant visa. The correct path for you would be to return home before your current authorized stay expires and your spouse should file for the CR1 visa. There is no other legal way to correct your situation.

[Nich-Nick 3,354]

I think this is the time to hire a very experienced immigration attorney, rather than asking VJ.

[ikarus 1]

I told the customs official the truth but am worried about the INS official thinking I lied or telling me that I broke a law by leaving without AP.

What custom official---when you entered back in the usa?

Like somebody mentioned, maybe is time to hire a good attorney just in case.

My colleague from work also had left the country without an AP by honest pure mistake, and the border patrol didn't hassle him, and his interview went fine. You could go in and hope for the best, and just be honest about what happened---that you left the country not knowing you needed an AP; that's if this comes up. At my friend's interview what they asked was a wedding question and something about how was the usa lifestyle....leaving the country never came up. Sure thing NOT to do is lie about what happened.

When is the interview?

Edited March 3, 2009 by ikarus

[rebeccajo 14]

The OP is Canadian.

I wonder if this makes a difference..................

[rebeccajo 14]

Hey wait a minute.........

Were you in Mexico and then went to Canada and THEN returned to the US?

http://www.visajourney.com/forums/index.ph...=180274&hl=

[LaL 418]

why don't you just go to your interview and find out what happens? Flying by the seat of your pants is what you like to do!

[Sylvia_n_Joseph 3]

Did the original poster say he had a ticket from Mexico to Canada with a layover in the US and just left the airport instead of completing his travel ? What was stamped on his passpsort? Does he have a new I 94 ? Where is his K1 visa ?? In the old ( now invalid because he reported it lost or stolen) passport ? Lets hope the interviewer is in a very very good mood.

[TonyDanza 0]

Thanks for all the help folks.

'Flying by the seat of my pants' is ANYTHING but what I 'like to do' but I dont want to get into my life here and how rarely I have seen my family in the past decade. (Lets say you could count it one one hand after you fell hand first into a lawnmower).

Anyway, I made a mistake and am upfront in realizing that. I messed up and made an emotional decision which is now fast becoming a very scary prospect about years without my wife.

So the details are, I went to Mexico. Then when returning I thought it would be better (for whatever non sensical reason) if I entered back from my home country, so yes I bought the flight home back to Canada. The flight had a stopover in the US in which I thought I would just wait in the airport. They actually made me go through customs as it was a little less than a day layover and a different connecting flight company so they made me do immigration, then get my bags and then do customs. They gave me a new i-94 (which are not required for Canadians but they just hand them to all on a plane) and I filled mine out and turned it in. They didn't fingerprint or photo me, although EVERY other person I saw they did but thats probably neither here nor there. I then was in the US and came back to see my wife. I am trying to abide by all other laws so I will tomorrow look for a reasonable lawyer however I dont have too much money as I have been waiting and not working for the past quarter of a year while waiting for this process to come to completion. And of the money I had, I spent a significant portion trying to get to my sisters wedding.

So now my 'new' passport which was issued there, says so, and also has a US entry stamp dated a few weeks ago. So I will re-read all comments again and hope I answered any questions that were posted cause I appreciate EVERY comment. My stomach is a knot over this whole fiasco.

How hard and long is the process to switch applications? Or is there harm in going to the interview, being honest, and saying yes, I fudged up? Other then at worst a denial, would they ban me for life? Not like a denial woulnt totally shatter me also!

Anyway an additional tips are a huge aid to me. You guys know as much as most lawyers I've talked to anyhow cause the really knowledgeable ones are for the most part just out of my financial ballpark. Boo-hoo. Anyway I truly appreciate it all, and yes someone asked if I was Canadian which I am. Thanks again all.

[TonyDanza 0]

Also, my last passport prior to the one issued while down there was not reported lost or stolen. It was just running low on time and dipped just under the 3 month of validity date while down there, so the embassy issued this new one and took my old one from me. I had no K1 visa as my wife and I who had been dating for 5 years (saw each other primarily on my tourist summer trips and her trips to me in Canada) married spontaneously while in Vegas on a holiday so that is the history there. It wasn't really planned at all although we had discussed it previously but we just decided while on a happy holiday that after such a long time it was something we both really wanted together so we grabbed a limo and did it. We plan to have a huge traditional family wedding after and if we get an AOS and can set up camp for our large families to attend. Thought Id add that for the question above...sorry to ramble.

Edited March 3, 2009 by TonyDanza

[Reba 2]

passport issued "down there' meaning where exactly? In Mexico? In the US? huh?

You very likely to have a problem, as leaving the country without AP when adjusting status from tourist or K1 status is an absolute no-no. However, the fact that, as you say, you were up front with USCIS upon your last entry (were you though? did you tell them you have a current AOS application in process and that you've been livign in the US married to a USC?) may be your saving grace. MAY be.

You run the risk of your AOS being denied and being deported, possibly being banned for a period of a few years. Your wife will then have to immigrate to Canada.

[raymaga 25]

If it were me, I think I would still go to my AOS interview, NOT volunteer any information, answer TRUTHFULLY all the questions asked, and see what happens.

If you are denied the AOS, you will have to apply for a spousal visa.

That's just my opinion, but I know of a few people (Canadians) who left the U.S. without AP and got their AOS anyways.

The key here is not to be dishonest (in order to avoid a ban), just don't give any information that is not asked for.

[ikarus 1]

If it were me, I think I would still go to my AOS interview, NOT volunteer any information, answer TRUTHFULLY all the questions asked, and see what happens.

If you are denied the AOS, you will have to apply for a spousal visa.

That's just my opinion, but I know of a few people (Canadians) who left the U.S. without AP and got their AOS anyways.

The key here is not to be dishonest (in order to avoid a ban), just don't give any information that is not asked for.

I couldn't agree anymore!

As i told you already, my colleague at work did the same---left the country without ap, and this didn't even come up in the interview. And he wasn't about to ask---'does it matter that i left the country without an ap last year?'

Now, if it does come up, tell the facts; yes, i went to mexico and came back to the states. If they ask you if you knew that this was not allowed you can say, no i did not know this. And don't give more details than you have to.

I was watching that cops show a while back and the man gets stopped by the cops for not having the right rear lights on his truck. Cop says, 'sir, did you know that you have the wrong lights on your truck?'

Man says, 'yes.'

Cop then asks, 'how do you know you have the wrong lights?'

Man says, 'Because I was stopped by another cop who told me the same...'

Wife who is in the vehicle is squirming at this moment....

Cop says, "so another cop gave you a warning, and you didn't fix the lights on your truck?"

man say, 'yes sir.'

Cop goes to the side and says, 'I wasn't gonna give him a ticket, but he admitted he knew he should have had the right lights, so now I'm forced to give him a ticket...'

Of course, the wife in the car is shown telling the man, 'what were you thinkiing?'

Obviously the man wasn't!

Given your history----you better be thinking right when you go to your interview!