AOS denied - but is the advanced parole still legit?

[*Snowdrop* 603]

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.

No, unfortunately unlike the K1 the kids can't just be included on the same petition. Every family member immigrating needs their own I-130 and the associated fee with each one.

[Eric & Idalia 56]

No, unfortunately unlike the K1 the kids can't just be included on the same petition. Every family member immigrating needs their own I-130 and the associated fee with each one.

Yes that what I mean at the same time. So he will need to file a separate I-130 and pay $420 for each one. Good to know. Thanks.

[Henry357 70]

The correct process is for CBP to send you to secondary to verify your AOS application status. That being said she is likely to be granted deferred inspection on a humanitarian basis.

IMO your odds of granting deferred inspection increases significantly if your traveling with your USC spouse. CBP can get a better picture of the relationship/circumstances, plus deporting someones wife who following USCIS instructions in front of them could be a PR nightmare.

[shobusun 0]

Wow...thanks to everyone for responding to my question! If only the the USCIS was this helpful! ?

@Henry357...in your response you wrote:

IMO your odds of granting deferred inspection increases significantly if your traveling with your USC spouse. CBP can get a better picture of the relationship/circumstances, plus deporting someones wife who following USCIS instructions in front of them could be a PR nightmare.

I'd definitely like to consider this option, as it seems reasonable/viable, but what do you mean by 'following USCIS instructions in front of them could be a PR nightmare.'? What 'instructions' are you referring to?

[Henry357 70]

Picture the news article in your local paper: you detail your spouse being detained by CBP only for following USCIS instructions......Any POE Directors nightmare....

Wow...thanks to everyone for responding to my question! If only the the USCIS was this helpful! ?

@Henry357...in your response you wrote:

IMO your odds of granting deferred inspection increases significantly if your traveling with your USC spouse. CBP can get a better picture of the relationship/circumstances, plus deporting someones wife who following USCIS instructions in front of them could be a PR nightmare.

I'd definitely like to consider this option, as it seems reasonable/viable, but what do you mean by 'following USCIS instructions in front of them could be a PR nightmare.'? What 'instructions' are you referring to?

[shobusun 0]

Cool...I get it, but what 'instructions' do you mean? Because according to the USCIS at this point my wife's case has been denied...end of story, right? Wouldn't their 'instructions' be to deport her?

[shobusun 0]

@C8787...thanks for your reply!

One thing I don't understand though...if I apply for a motion to reopen the case, will they deny my motion and not send me a receipt based on my denial being based on having missed the interview...? Kinda makes the whole attempt moot, useless. Otherwise, if I do receive the receipt, I think it's the best option for her return to the U.S. And BTW...her kids have already been issued K2 visas- even after her AOS was denied.

[Henry357 70]

Cool...I get it, but what 'instructions' do you mean? Because according to the USCIS at this point my wife's case has been denied...end of story, right? Wouldn't their 'instructions' be to deport her?

Maybe i misinterpreted:

"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..."

I would take the risk. Better then then doing the CR/IR01 Visa. Reading on VJ it seems less likely they send you to secondary at a land POE...

[shobusun 0]

OK...I see what you mean. ☺️

But the reps over at USCIS never make unequivocal statements...that's what I've noticed. They aren't helpful at all...they simply report the information that's available to them on the screen in front of them- which isn't much. Just messengers really, and they rarely even emphasize, except saying some empty-line like, 'I'm sorry, I can't help you sir.' Yeah...gee, thanks.

Thanks again for your help and encouragement... ??

[Villanelle 4,121]

Oh Henry... I just dont have words... following USCIS instructions?? ...Um okay moving on.

The information was already given but its worth repeating.- The AOS was denied. This makes her AP not valid anymore.She can attempt to travel on a canceled AP but honestly the chances of getting let in are slim.

The only choices are to refile (the CR1) OR file a MTR about the denial. There are several threads in the forums about people filing such. One in particular where the OP was caught overseas. What you can do is file the MTR - it can take up to 6 weeks or so for it to change the status of the AP back to issued. Once the motion is filed you get a receipt BUT it takes time for them to reset everything (about 6 weeks or more) When you file the MTR is revalidates the EAD and AP.

Why did you miss the interview? It might be best to file the MTR for that and get your wife back to the US. If the Motion is denied then you can refile the general 485 packet.

I will try to find the link to the thread. Brb.

[Villanelle 4,121]

http://www.visajourney.com/forums/topic/556927-please-help-i-485-denied/page-6

Maria was in that situation and posted quite a bit at the end of this thread as well as in several of her own.

[Hypnos 6,576]

I don't think an MTR is going to be successful in this case.

In the other case referenced, the problem was due to an issue with the medical exam. In this case you missed the interview appointment, which is an automatic denial and 100% on you. Now you could probably mess around for a few weeks/months and try to get it reopened, but you were properly denied; there really isn't anything to appeal.

The best course of action with a (much) higher likelihood of success is filing the I-130 now and beginning that process. Every day you fail to do so is another day you will be apart.

If you filed an MTR then I suspect USCIS would hee and haw for a good six months or so before telling you "sorry, you're out of luck" and confirming your denial. IANAL, and of course you're free to file the MTR if you wish, but it isn't what I would do, and it certainly isn't what I would do without at least a couple of reputable lawyers recommending it as a course of action.

[shobusun 0]

@Hypnos...thanks for your response.

But many people seem to think that filing the MTR will at least allow for my wife's return, and then even it's denied, we can simply reapply for the AOS...right? Having the MTR receipt in hand seems sufficient to warrant entry back into the U.S., especially considering that both kids also have K2 visas that were just issued last week on 9/11/15, and she's got her AP ID card also.

Damara wrote above: It might be best to file the MTR for that and get your wife back to the US. If the Motion is denied then you can refile the general 485 packet.

[shobusun 0]

@Damara...thanks for your reply.

I'm really considering the MTR option...but is the MTR receipt itself (without the actual 'reset' having occurred) enough to solicit reentry back into the U.S.? My question stems from your comment that 'Once the motion is filed you get a receipt BUT it takes time for them to reset everything (about 6 weeks or more) When you file the MTR is revalidates the EAD and AP.'...

Additionally, the kids have their just issued (as of 9/11/15) K2s and my wife has her AP ID card. It seems that any/most customs officers seeing all of that would be OK...?

[Hypnos 6,576]

I'm not convinced. This would be far easier if your wife was inside the US when her I-485 was denied, then you could simply refile as you describe. The fact that she is outside the US means she is both trying to facilitate entry into the US and obtain permanent residency both at the same time.

I'm also not sure how valid the K-2s are given that the K-1 AoS was denied.

As I said, I would be talking to at least a couple of lawyers because your case is not straightforward, and you run the risk of doing more harm than good by making another mistake here. I wouldn't take my word for it when I say not to appeal, nor would I take others' words for it when they say to go ahead.

Edited September 17, 2015 by Hypnos