AOS denied - but is the advanced parole still legit?

[shobusun 0]

My wife's I-485 AOS application (based on a K1 visa) was recently denied (August 17) while she was in Thailand securing K2 visas for her children. She was granted an advanced parole ID card prior to departing for Thailand, but now I'm uncertain if she can return to the U.S. because of the I-485 denial...

I've researched on the internet (and here on Visa Journey) and inquired with a law firm in Thailand, and the answer seems to be that it should be OK, and yet I don't really have a definitive answer.

I plan on reapplying for her AOS, but is their a time requirement to that also? Must the reapplication be in effect before she returns to the U.S.? The denial notice only states 30 days to reopen or reconsider the case, but nothing about reapplying.

Any ideas?

Thanks,

Justin

[belinda63 2,981]

When her AOS was denied her AP became invalid.

You can't apply for AOS if she is not inside the US.

[Hypnos 6,576]

No. Any interim benefits, such as AP or an EAD, are automatically cancelled when the principal application - the I-485 - is denied. She cannot re-enter on AP, and she'll likely wind up back where she started if she attempts to do so.

You would need to file an I-130 and begin the spousal visa process; expect this to take around a year to complete.

Edited September 17, 2015 by Hypnos

[Transborderwife 4,666]

No. Any interim benefits, such as AP or an EAD, are automatically cancelled when the principal application - the I-485 - is denied. She cannot re-enter on AP, and she'll likely wind up back where she started if she attempts to do so.

You would need to file an I-130 and begin the spousal visa process; expect this to take around a year to complete.

+1

[Hypnos 6,576]

I should have also mentioned that you'll obviously need to correct the deficiency that led to her I-485 being denied in the first place.

[shobusun 0]

So...end of story, more or less- at least going down the river we were going down to begin with.

What I'm missing then is why did the Thai law firm- whom helped me secure her K1 visa no less- advise me that she'd be OK to return, and then simply to reapply for the AOS...? Seriously, #######?!

I also talked to the USCIS on four occasions after her denial, and never did anyone mention that she was stuck in Thailand, etc. Unbelievable. Like they could be talking to you face to face and nary a word if a ###### monster is about gobble you down from behind...

Sorry- this whole thing (since day 1 of the K1 petition) has been a quasi-nightmare of sorts for me.

Thanks for the info. >>>

[shobusun 0]

@Hypnos...why would we need to correct any deficiency to the I-485 if we apply for a spousal visa? The only problem was that we missed the interview for the AOS...long story.

[Hypnos 6,576]

You didn't clarify what the issue was earlier in the post, so I had no idea why the I-485 was denied. If you missed the interview then you should have nothing else to do other than reapply.

[Pitaya 2,576]

@Hypnos...why would we need to correct any deficiency to the I-485 if we apply for a spousal visa? The only problem was that we missed the interview for the AOS...long story.

Ah, page two,.. the rest of the story. Hypnos is correct, however he didn't yet know the rest of the story (the specific reason) for your AOS denial. Yep, missing the AOS interview is usually an automatic denial of the AOS petition.

Good luck on your immigration journey.

[Pinkrlion 2,605]

The 30 days to reopen is if you are appealing the decision. Since you missed the interview, there is nothing to be considered to reopen the case. You will have to start over and petition with I-130.

Edited September 17, 2015 by Pinkrlion

[Dave&Roza 748]

My wife's I-485 AOS application (based on a K1 visa) was recently denied (August 17) while she was in Thailand securing K2 visas for her children. She was granted an advanced parole ID card prior to departing for Thailand, but now I'm uncertain if she can return to the U.S. because of the I-485 denial...

I've researched on the internet (and here on Visa Journey) and inquired with a law firm in Thailand, and the answer seems to be that it should be OK, and yet I don't really have a definitive answer.

I plan on reapplying for her AOS, but is their a time requirement to that also? Must the reapplication be in effect before she returns to the U.S.? The denial notice only states 30 days to reopen or reconsider the case, but nothing about reapplying.

Any ideas?

Thanks,

Justin

Here is a long shot, but worth a try compared to filing a spousal visa and waiting for its approval. Since all you did was miss the interview, you can try to explain why you missed the interview and see if they will accept that reason in order to have the case reconsidered so they can reschedule an interview--your long story had better be a good reason to miss such an important event in your wife's immigration process. Hopefully, if they re-open the AOS application the EAD/AP will be reinstated and she can return to the US. Without a valid AP, she will not be able to enter the US to attend the interview and receive the GC. If this fails, then you file the I-130 for her and include the kids this time around and wait

Dave

Edited September 17, 2015 by Dave&Roza

[belinda63 2,981]

Bad news is don't forget to petition for the children also.

[Eric & Idalia 56]

No. Any interim benefits, such as AP or an EAD, are automatically cancelled when the principal application - the I-485 - is denied. She cannot re-enter on AP, and she'll likely wind up back where she started if she attempts to do so.

You would need to file an I-130 and begin the spousal visa process; expect this to take around a year to complete.

Correct me if I am wrong, but when he files the I-130 he can include in the petition the wife's children, so they all can come together.

[Alaska2012 462]

Why did you use a Thai law firm? Why didn't you use a immigration lawyer in the US that works with these things on a daily basis?

Maybe go with another law firm or just do it yourself when you file the I-130

[C8787 2]

My eperience:

I was traveling on AP when AOS was denied. My petioner immediately filed 290B (Motion to Reopen) and once the receipt came in mail, I traveled back to the States without issue.

Now, it depends on why her AOS was denied and whether you have grounds to file 290B.

As most things immigration, its discretionary and she may or may not have issues at POE. Without knowing why she was denied, I would err on the side of caution and file the spousal petition.