Returned flight cost my husband his AOS

[gmjdmj 2]

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

[engineer21 51]

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

How can that possibly be?? How do they even know about the return flight?

And then to make the assumption that your husband took the flight

WOW. I can't believe this actually happened..

Does your husband still have his I-94?

That is a good piece of evidence that he didn't leave the US.

He would have given it back to immigration on his way out of the country.

Hope you can set them straight somehow!

[Tero 105]

I had posted last week that my husband had gotten a denial on his AOS. We were not sure why.We had only received the email notification and not the official letter. Well, we got a letter today. When David moved here and came over on his K-1, he bought a round trip ticket as a lot of people have done on VJ. He flew here on the 31st of December and the return flight was for February 24th. Of course, he did not fly on the 24th of February. We had just bought it as a round trip ticket to save money as many VJ members have. Well....the letter states that he was denied because he left the country on the 24th of February without having advanced parole when if fact he has not left the U.S. since he arrived here.

Wow! that is very unfortunate. You should appeal to them clarifying that your husband is still in the country. Explain the reason you bought the return ticket. Also, it might help to show up with your husband at the nearest DHS office to you and talk to someone. Good luck.

[payxibka 10,045]

How can that possibly be?? How do they even know about the return flight?

And then to make the assumption that your husband took the flight

WOW. I can't believe this actually happened..

Ummm....Airlines are required to share passenger lists with the government... somehow the airline must have screwed up and must have checked someone in with his name/reservation...

[NigeriaorBust 4,087]

Did you include your flight information in your adjustment of status package ?

[gmjdmj 2]

Did you include your flight information in your adjustment of status package ?

No... No flight information given. I would guess that they can look that up by passport number, perhaps?

[Nir12 1]

That's both strange and shocking...USCIS at it's best...I'm very sure you guys will fix this.I really don't know why they like to play with people's lives

[amykathleen2005 441]

That is ridiculous. Keep on all of your congress people. Get contact with the airline to get your own information from them and also contact those at the airport he was supposed to fly back into. Get an affadavit from anyone he might have seen or talked to in America on the day he was supposed to fly and immediately afterwards.

Good luck!

[JimVaPhuong 4,863]

Ummm....Airlines are required to share passenger lists with the government... somehow the airline must have screwed up and must have checked someone in with his name/reservation...

This is correct. The airline probably sold the seat to a standby passenger and forgot to update their passenger manifest. Unfortunately, if the airline says he boarded that flight then, as far as USCIS is concerned, he boarded that flight.

I think the best place to start is by contacting the airline. Perhaps if they can confirm that the seat was sold to someone else then an appeal or petition to reopen might be filed on that basis.

This is the first time I've ever heard of a round trip ticket backfiring on someone. It really sucks.

[newlyweds2010 208]

I didn't know it was so easy to "trick" the US authorities. I mean, what is the I-94 for then? and why, if the airline fails to take it from your passport before you leave, will this result in a false overstay? apparently when they want (so to say) they can find out that you left the country even without turning in that piece of paper (and even if you didn't leave at all).

It is clearly a mistake by the airline that did not update the names on the passengers list after they gave the same seat to someone else, but it is ridiculous.

I'm very sorry for all this, and I really hope that you guys will be able to fix it.

[Gary and Alla 3,694]

I didn't know it was so easy to "trick" the US authorities. I mean, what is the I-94 for then? and why, if the airline fails to take it from your passport before you leave, will this result in a false overstay? apparently when they want (so to say) they can find out that you left the country even without turning in that piece of paper (and even if you didn't leave at all).

It is clearly a mistake by the airline that did not update the names on the passengers list after they gave the same seat to someone else, but it is ridiculous.

I'm very sorry for all this, and I really hope that you guys will be able to fix it.

It is very surprising. You would think they would check at least and yes, the I-94 is supposed to be turned in when you leave.

Unfortunately there is no "appeal" process for an AOS. You can file an I-290 ($585) and re-open the case. Present your evidence (info from airlines and or a postmarked or notarized copy of the I-94 to show date) And the case will be corrected. Try to get your money back later. You have to do this within 30 days. During those 30 days, see if your congressman or Senator can help (they CAN, see if they WILL, they should)

When were his biometrics for the EAD and AP? Before or after he "left" That would be interesting if they did biometrics AFTER he "left"

[seanyb719 1]

so sorry you are going through this. as if you haven't already been through enough. clearly not your fault and i'm sure they will correct the error if you follow the steps above.

good luck!

[gmjdmj 2]

His Biometrics appointment was on March 17th and he supposedly left on February 24th. I have contacted the airlines and they verbally verified over the phone that his ticket was never used but getting it in writing, that is another story. I have a contact at our Congressman's office that I had spoke to before we got the letter who was trying to find out why it was denied who I will be calling in the morning. We also called passport control in Chicago where he supposedly flew out of and they said that if we can get a government official to call and give them David's passport number, they can verify that he did not come through there on that day. I am going to see if my contact from the Congressman's office can call or will call...who knows? I never dreamed after all we have been through and thinking we had done everything right we would be dealing with something like this. At the end of the day, we are honest and know that. We just have to prove it to the right person and hope they believe us. I'm sort of understanding a little bit of what it must feel like to be charged with a crime and having to prove your wear abouts.

[newlyweds2010 208]

but provided that he left on Feb. 24, how in the world do they explain that he regularly went to his biometrics appointment 3 weeks later?

I can't even imagine how frustrating it must be for both of you, all I can do is send you my support and positive thoughts to get through this kafkian situation.

[Bobby+Umit 161]

Good piece of advice for furture habits:

Don't leave things open ended (like rental/tickets/etc) to avoid issues like this.

There was a similar case posted on this site, they had to go through a bunch of hurdles to prove they didn't use the return tickets.

I would make an INFOPASS and take all the evidence showing he didn't leave (get airline manifests if possible) and see if they can help you.