What will happen if AOS is denied- we got RFE

[VanessaTony 3,567]

OBVIOUSLY when someone says "I THINK" it is an opinion. AND OBVIOUSLY I did not talk about "means-tested benefits". It is very HIGHLY LIKELY that she is using what she IS entitled to because A LOT of these benefits are not considered public charge and are available to her.

You just proved my point by doing it again.

.

[brucejen 1]

hi, I have not read all threads hear yet but I once had RFE during our AOS since we don't have joint account nor properties in our name, we only submitted jointly filed tax returns, marriage certificate, and pictures. When we got our RFE, they asked for a joint bank account which we don't have, so we responded through mail and explained that we never used banks and pay bills in cash and made a promise that my husband will support me, then he signed it. We got approved, now we are about to apply for lifting conditions.

You have to be strong and stress your continuing and married relationship. Goodluck!

[Dave&Roza 748]

The way I see it, they did not have too much on the list like us, however; I did include my wife on my employer's benefits like health insurance, life insurance, etc and I had the previous year's tax return. Now the IO may be wondering why your husband has not included you on his benefits and you are getting state assisted health coverage for your pregnancy. Since you are filing for AOS, your husband is not LEGALLY on the hook for anything you received before he signed the I-864 form which is a legal contract between him and the US government--the the US government will go after him to repay should your benefits be mean-tested public benefits. So the IO may be wondering why he is not providing your health care coverage with health insurance and is instead using possible public benefits he may have to repay. I know it would seem a bit strange to me. You can give them a written explaination at to why you do not have the items asked for in the RFE or you can contact a good immigration lawyer to see what advice is forthcoming.

I will not say whether you will be okay or not as I do not know the whole story like your husband's income, work history, etc and I am NOT the IO. It is up to that person and only that person.

I wish you good luck and hope it all works ouit in the end,

Dave

[Moomin 292]

OBVIOUSLY when someone says "I THINK" it is an opinion. AND OBVIOUSLY I did not talk about "means-tested benefits". It is very HIGHLY LIKELY that she is using what she IS entitled to because A LOT of these benefits are not considered public charge and are available to her.

You ALWAYS FAIL to READ. And ALWAYS ARGUE LIKE YOU ARE THE ONLY PERSON THAT HAVE THE ANSWERS TO EVERYTHING. THIS is a PUBLIC forum. SHE ASKED FOR OPINIONS. IF SHE NEEDS LEGAL ADVICE FROM A LAWYER, she will contact a lawyer instead!

No, no and no. And no. It's not about arguing or relieving OP from stress, it's about the simple fact of why OP received the RFE, what it means and what she can do now to better the situation and what she can't do as of now. If OP was asking about relationship advise it could be anybody's call. Immigration doesn't work that way. VJ doesn't work that way either since the forum is based on members contributing with knowledge and facts - not merely thoughts.

I wholeheartedly agree with Vanessa&Tony and climb out of the anonymous +1 click. Not because she seems to have the answer to everything but because she knows the facts whether you like it or not. You can't argue that a red ball is red if it in fact is red.

[ceadsearc 515]

Incorrect. They are not allowed to be denied insurance based on pregnancy. See here: http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html

Unfortunately for the OP, if she is looking to get private insurance maternity coverage frequently has a waiting period from when the insurances takes effect - if it is included at all. If she is getting insurance through her husband's employer there shouldn't be that issue, but she would probably have to wait for open enrollment at this point.

I think you're right on in terms of what USCIS is looking for (or not looking for). She should look into exactly what type of public assistance she is using, for starters.

To the OP, what did you submit as evidence of a bonafide marriage if not proof of insurance, a lease, or co-mingling of finances?

[mjkj 14]

He had our interview last week and took with us the proof we had, our mistake was not to have a lease agreement on both names, a joint bank account, medical and life insurance, and a list of benefits from my husband´s ( petitioner ) employer.

We will work on those papers, but my husband is not happy about the life insurance thing, he just doesn´t want to do it.

What was ur experience with the AOS? Did you get a RFE? Did u have to do the life insurance thing?-Dont have interview on my AOS, No RFE, We dont have a life insurance.

Furthermore, What happens if one fails to comply with ONE of the requirements? Will I be deported or how long can I stay using my Advance Parol and Work Permit?-If you fail to comply they will ask you more evidence(RFE) They wont deport you easily, AP and Work Permit is good for1 year. if you wont recieve your green card by the time your AP and Work permit expire, they will send you and extension.

We can´t believe it! We´re honest people. We love each other and God Willing will b having a daughter in July. We can´t believe they will force us to leave The USA.

I´ll appreciate your positive comments. Thanx.

Goodluck!

God bless you!

If he had interview already,you should bring the FOllowing:

Proof that you and your spouse have been residing together as husband and wife. These documents must show BOTH of your names:

a. Joint leases

b. Bank accounts

c. Utility bills

d. Insurance policy

e. Credit cards

f. Rental receipts

g. Proof of joint ownership of cars, homes, furniture, etc.

7. Proof of salary, employment, and year-to-date income for both you and your spouse

8. Wedding photos and any other photos of you and your spouse together -send as many pictures as you can if you will get RFE

9. Any additional evidence you wish considered to establish a bonafide marriage -you can ask a friend to write a letter that your marriage is real and you live in the same house from then and now, it have to be notarized

10. Others, for my experience we dont own our house coz its my in laws house, so we just write a letter that the house its not in our name, coz its my in laws asset, we have it notary.

And about life insurance thing, you dont really need to buy, if you dont want.

[Penguin_ie 5,984]

***** Several posts containing personal attacks and bickering removed. Please remain civil and constructive, answering the OP's question. If you want to argue amongst yourselves, take it to PM. One post returned below without quote *****

Sorry but when you sign up for state benefits there are records and yes USCIS / DOS / FBI can access them and will find them in the background checks they do.

[DanishBill 15]

Your husband may still be able to add you to his group medical insurance through his work - and he may still be able to buy life insurance through his work. If not, he can go on line and buy an inexpensive term life insurance product with a $10K to $20K benefit, for very little money.

You still may have time to correct your mistakes and get back on track - good luck.

[JimVaPhuong 4,863]

OP: I don't know why people act like they are experts in everything and try to scare you that you will be denied or anything. Like I highlighted above, the services you are using are the ones you are entitled to. Those services are not considered public charge. Feel free to continue to use them as long as you are entitled to them.

Provide the evidence of bona fide marriage that you DO have. You must have plenty for being married for a while now. You can create joint account now and provide that as an evidence, they do consider that a red flag if the documents are issued very close to the interview date or submission date. However, it does not mean that you will be denied, they will question you about it and you can be honest in your response about why you didn't have a joint account before.

You're presuming that a benefit that doesn't make an immigrant a public charge would automatically mean they're eligible to receive them. This is not the case. Immigrants aren't eligible to receive most means-tested public benefits until they've been an immigrant for five years. Temporary assistance they receive after that time would not lead to the conclusion that they are deportable because they've become a public charge, but sponsor deeming could still result in the sponsor being held liable to reimburse the government for those benefits.

Every state will provide Medicaid on an emergency basis to a permanent resident who hasn't reached the five year mark. Most states will provide Medicaid on an emergency basis to certain non-immigrants. Some will even provide Medicaid on an emergency basis to illegal immigrants. The key phrase here is emergency basis. The person receiving the benefits is still technically ineligible for those benefits, but they are provided in an emergency for humanitarian reasons.

However, a non-immigrant who intends to adjust status in a family visa category that requires an affidavit of support can be denied adjustment of status for receiving emergency Medicaid. The IO has the discretion to determine if the applicant is likely to become a public charge in the future. Prior use of means-tested public benefits by the sponsor is not a negative factor, as long as the benefits are not being considered as eligible income for the affidavit of support. Prior use of means tested benefits by the applicant is a negative factor that the IO must consider. I could easily see an IO denying for this, and since the denial would be with prejudice they would not be able to file a new petition. Their only option would be a motion to reopen or an appeal.

Edited April 1, 2012 by JimVaPhuong

[Jacob707 6]

I found insurance for my pregnant fiance through a picp plan (pre existing condition) for 157 a month , was directed through the dept of health website...