Any penalties if AOS based-on marriage is denied?

[BermyCat 1]

This is slightly off-topic but I'm curious.

Are you not able to appeal if your AOS is denied?

~ Catherine

[Gary and Alla 3,694]

Maybe it's just me, but I don't think that people in bona fide marriages worry about denial...

I didn't

[Killer_Clown_2009 0]

I think that there are plenty of people in bonafide marriages who worry that their application won't be approved. Bully to those of you who never "worried", but some people are naturally more worry-wartish than others. There are also people who may not have a lot of evidence to send etc etc etc.......

[Gary and Alla 3,694]

Thanks a lot for the replies. Actually I worried about my finance, not about me. Is there any penalties for my finance who has U.S. citizenship?

Fiance? Fiance(e)s do not apply for adjustment of status, spouses do. What is your timeline?

[Gary and Alla 3,694]

I think that there are plenty of people in bonafide marriages who worry that their application won't be approved. Bully to those of you who never "worried", but some people are naturally more worry-wartish than others. There are also people who may not have a lot of evidence to send etc etc etc.......

For the initial AOS, the evidence "required" is no more than a marriage certificate, really. Further evidence would be more imporatn for removing conditions. Lets face it, a fiancee can arrive today, get married tomorrow and file for AOS the next day. So how much evidence can they expect to see from someone married 24 hours? We were asked for exactly ZERO "evidence" other than what we filed with the AOS, marriage certificate and I-864 basically.

Yes, I know some people are required to provide more than this and it is because there is some red flags in their filing or circumstances, simple as that. There really is not any "required" evidence for the conditional AOS. I worried more about getting the K-1 visa, needlessly as it turned out. I was all out of worry by the time of the AOS

I didn't worry because we have a legitimate marriage. I was THERE when we got married.

[wifey246 0]

Thanks a lot for the replies. Actually I worried about my finance, not about me. Is there any penalties for my finance who has U.S. citizenship?

Fiance? Fiance(e)s do not apply for adjustment of status, spouses do. What is your timeline?

He/she is right to be worried for the fiance/fiancee. If a marriage is found to be fraudulent, the USC spouse can be fined and face prison time.

We're all speculating here because the OP didn't give details as to why they are worried about it.

[bubbley 1]

I think that there are plenty of people in bonafide marriages who worry that their application won't be approved. Bully to those of you who never "worried", but some people are naturally more worry-wartish than others. There are also people who may not have a lot of evidence to send etc etc etc.......

For the initial AOS, the evidence "required" is no more than a marriage certificate, really. Further evidence would be more imporatn for removing conditions. Lets face it, a fiancee can arrive today, get married tomorrow and file for AOS the next day. So how much evidence can they expect to see from someone married 24 hours? We were asked for exactly ZERO "evidence" other than what we filed with the AOS, marriage certificate and I-864 basically.

Yes, I know some people are required to provide more than this and it is because there is some red flags in their filing or circumstances, simple as that. There really is not any "required" evidence for the conditional AOS. I worried more about getting the K-1 visa, needlessly as it turned out. I was all out of worry by the time of the AOS

I didn't worry because we have a legitimate marriage. I was THERE when we got married.

First of all, I'm new to this site and have to say I am loving it and it has been very helpful =).

My husband and I recently filed our I-130, I-485 and I-765 and sure I'm a little worried to because you never know. The only RFE we got was for the medical exam, and I-864, I'm sure the medical exam was required because we didn't go the K-1 route.

[Killer_Clown_2009 0]

I think that there are plenty of people in bonafide marriages who worry that their application won't be approved. Bully to those of you who never "worried", but some people are naturally more worry-wartish than others. There are also people who may not have a lot of evidence to send etc etc etc.......

For the initial AOS, the evidence "required" is no more than a marriage certificate, really. Further evidence would be more imporatn for removing conditions. Lets face it, a fiancee can arrive today, get married tomorrow and file for AOS the next day. So how much evidence can they expect to see from someone married 24 hours? We were asked for exactly ZERO "evidence" other than what we filed with the AOS, marriage certificate and I-864 basically.

Yes, I know some people are required to provide more than this and it is because there is some red flags in their filing or circumstances, simple as that. There really is not any "required" evidence for the conditional AOS. I worried more about getting the K-1 visa, needlessly as it turned out. I was all out of worry by the time of the AOS

I didn't worry because we have a legitimate marriage. I was THERE when we got married.

I think you were lucky. Most people are asked (and i am sure submit), supporting documents. I know that I was asked what I had brought when I went to my interview and showed five items, before the interviewer said that was plenty. I'm pretty sure there were no red flags in my file. I think it would be very rare, that an I-864 and marriage certificate would be all that is required to show proof of a legitimate marriage.

[AFZ212 0]

Worry is normal in that situation though I never been in that situation but try to think positive just let the truth come out about your marriage and everything will b just fine...Best of luck

AFZ212

[trillium13 84]

This is slightly off-topic but I'm curious.

Are you not able to appeal if your AOS is denied?

~ Catherine

Depends on your basis for adjusting. I know that if you are denied on a VWP, you have no right to appeal. Beyond that I don't know.

[john_and_marlene 162]

Penalties are:

You are unauthorized to work, you are banned from ever getting permanent residency, and depending on the days of unlawful presence,

you are facing the 3/10 year bar or a lifetime bar.

Where do you get your information? Your response is substantially false and misleading.

[Reba 2]

If you are adjusting status from a visitor visa or visa waiver programme, or Canadian visitor status, and you are denied, then NO there is no appeal.

If you are adjusting from some other form of "dual-intent" or allowed visa, such as any K visa, or a work visa, or student visa, then yes, there is opportunity for appeal.

And my husband and I were both a tetch worried coming up to our interview, and we'd been married several years already. We were worried because we really don't have any other options, as he'd already been denied immigration to Canada (which was our first choice). There are plenty of reasons to be worried, even if you have a genuine and bonafide marriage.

As someone else mentioned, some people are just natural worry warts, and need to know any and all possible outcomes to prepare themselves properly. Not everyone can walk thru life never thinking or caring about the future.