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clueless07

green card denied. what to do?

By clueless07 in Effects of Major Family Changes on Immigration Benefits

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clueless07 Newbie

clueless07   0

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Filed: Country: China
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my cousin got a fiance visa and she got married here in US 2008 , to make the story short she had fight with her husband and her husband sent a letter to immigration saying "he has no obligation to her anymore because she left home." they got back together and they are doing good now until they received the news that she got denied for a green card. If anyone who know what to do... please please let me know. thank u in advance

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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Do you mean he pulled his 864 prior to the AOS being sent? Or after they sent in the AOS?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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clueless07 Newbie

clueless07   0

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Filed: Country: China
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Do you mean he pulled his 864 prior to the AOS being sent? Or after they sent in the AOS?

I think after they sent in the AOS.. i really dont know the whole story... shes denied for a green card already ,

Is she still allowed to stay here since they are married?

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Posted (edited)

Tell yer cousin to file another I-485 set, address the withdrawal in the new AOS package, and good luck.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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I think after they sent in the AOS.. i really dont know the whole story... shes denied for a green card already ,

Is she still allowed to stay here since they are married?

legally not without adjustment of status (ie.. greencard)

YMMV

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VanessaTony Grand Master

VanessaTony   3,567

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Filed: Citizen (apr) Country: Australia
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Posted (edited)
I think after they sent in the AOS.. i really dont know the whole story... shes denied for a green card already ,

Is she still allowed to stay here since they are married?

Her being married to someone is irrelevant, otherwise we all wouldn't be bothering with this visa process! lol

It's most likely the letter of denial of green card would have told her what she has to do. It might list her options but in most cases I've read it's that she has to be out in 30 days... the letter should say.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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Posted (edited)

She is out of status now and basically here illegally, however if her husband submits a new I-485 plus an I-130 petition she can stay while this new petition for a green card is adjudicated. If it is approved then her overstay and out of status time is forgiven. She should not bother with an I-131 Travel Document as it is most likely she would not be able to use it safely. That is basically the only way she can stay in the US - starting the process all over again from the start but with her as his spouse instead of having arrived as a fiance.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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clueless07 Newbie

clueless07   0

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Filed: Country: China
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She is out of status now and basically here illegally, however if her husband submits a new I-485 plus an I-130 petition she can stay while this new petition for a green card is adjudicated. If it is approved then her overstay and out of status time is forgiven. She should not bother with an I-131 Travel Document as it is most likely she would not be able to use it safely. That is basically the only way she can stay in the US - starting the process all over again from the start but with her as his spouse instead of having arrived as a fiance.

and she's also pregnant right now. what are the options she has?

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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and she's also pregnant right now. what are the options she has?

submit a new I-485 plus an I-130. Do it today.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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Posted
and she's also pregnant right now. what are the options she has?

Pregnancy makes no difference to her options. The only way she can stay legally is if her husband files the I-130 and refiles the I-485 all over again.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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