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BorowiczA

Applying for AOS after denied the first time.

By BorowiczA in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic involves AOS. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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agnesb Community Regular

agnesb   47

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

We're ready to reapply for AOS again. Do I use the same form to apply, the i-485? I came here with K-1 visa but I got denied the first time because of my wife's insufficient income. Is i-485 the right form, or is it the i-130. Please help.

Thank you.

also if its been a year since your medical for k-1 you'll need to see a civil surgeon and redo a whole medical for i-693.

It is not where I breathe but where I love that I live.

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Kim and Jermaine Enthusiast

Kim and Jermaine   28

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted

We're ready to reapply for AOS again. Do I use the same form to apply, the i-485? I came here with K-1 visa but I got denied the first time because of my wife's insufficient income. Is i-485 the right form, or is it the i-130. Please help.

Thank you.

Hi I'm just curious if you were still allowed to stay and work in U.S. after the denial?

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hi I'm just curious if you were still allowed to stay and work in U.S. after the denial?

Stay, yes, work, no. Once the I-485 was denied, the AP and/or EAD would become null and void. There is no time limit to file for AOS form a K-1, but the person is out-of-status and cannot legally work nor can they leave the US and re-enter until they file and receive the EAD and AP along with the I-485. They also can have problems should they wander too close to the borders of the US and find themselves at an internal CBP checkpoint or just pulled over by one of their SUVs The income requirement is one of those issues that cause people problems as does the $1070 filing fee. If a year has past since the original K-1 medical, a new medical must be obtained by visiting a Civil Surgeon and forking over more money.

Dave

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