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Kittyfang

What happens when an AoS is denied?

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Filed: Country: Canada
Timeline

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here. :wacko:


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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You're being reaaaally paranoid :lol:

I believe the person trying to get the green card will be put into deportation proceedings..

(That I'm aware of, anyway.)

Edited by Rhiannercakes

~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

Looking for your favourite Canadian foods that you can't find in the US?

Try this site! http://www.canadianfavourites.com/

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Filed: Citizen (apr) Country: Australia
Timeline

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here. :wacko:

I know that K1's and other spousal petitions can appeal... but I honestly thought as a VWP (at least) you couldn't appeal... it does appear from this doc that you can though...

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr there's the CFR they're referring to in the deadlink in the link you posted. You'll need to go to: 103.3

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Filed: Country: Canada
Timeline

You're being reaaaally paranoid :lol:

I believe the person trying to get the green card will be put into deportation proceedings..

(That I'm aware of, anyway.)

Hey! Just because you're paranoid doesn't mean they aren't after you! *shifty look*

(joke!) :lol:

But no, that was just for my own personal knowledge.


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Kitty... why do you torture yourself this way? :P

If denied - you'll move on to Removal Proceedings (in front of a judge). You might win that, might not, if not- you'll be asked to leave the country. Happy now? :no:

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Filed: Country: Canada
Timeline

Kitty... why do you torture yourself this way? :P

If denied - you'll move on to Removal Proceedings (in front of a judge). You might win that, might not, if not- you'll be asked to leave the country. Happy now? :no:

I don't know, but now I'm starting to worry about being approved... I mean... What will I worry about THEN! :blink:


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: AOS (apr) Country: Canada
Timeline

lol.. I think you need to use my icon instead of yours...


[img]http://davf.daisypath.com/bOLvm4.png[/img]

31.03.2010- I129F Filed (K1/K2)
02.09.2010- Interview - VAN - [color="#8B0000"][b]APPROVED!![/b][/color]
18.09.2010- POE Edmonton-Atlanta
01.10.2010- Civil Wedding in GA! <3
04.29.2011- AOS Filed (K1/K2)
09.19.2011- EAD Approved
10.24.2011- AOS - ATL Interview -[color="#8B0000"][b]APPROVED!![/b][/color]
11.02.2011- Green Cards for us!!

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Filed: Country: Canada
Timeline

lol.. I think you need to use my icon instead of yours...

O... M... G... I LOVE your icon!

And I'm totally serious in saying that I agree with you lol! :lol:


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: AOS (apr) Country: Canada
Timeline

I love it too and its how I feel during this whole process! Especially when people say "what will you do if your K1 is denied?".. gee thanks like I need that running through my head! :blink:

You shouldn't worry yourself or you'll go crazy! (but I totally relate!)


[img]http://davf.daisypath.com/bOLvm4.png[/img]

31.03.2010- I129F Filed (K1/K2)
02.09.2010- Interview - VAN - [color="#8B0000"][b]APPROVED!![/b][/color]
18.09.2010- POE Edmonton-Atlanta
01.10.2010- Civil Wedding in GA! <3
04.29.2011- AOS Filed (K1/K2)
09.19.2011- EAD Approved
10.24.2011- AOS - ATL Interview -[color="#8B0000"][b]APPROVED!![/b][/color]
11.02.2011- Green Cards for us!!

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Kitty...I thought was paranoid and going nuts, but after reading some of your posts for the past few days and it seems like I was taking Valium.


04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

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Filed: Other Timeline

Kitty,

you need to stop this. There is no reason that your AOS would be denied, other than the I.O. gets a clue that you have a mental illness like severe paranoia that the civil surgeon simply missed at the medical.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Turkey
Timeline

actually bob can you, vanessa or anybody can you guys list ALL THE REAL reasons why would a i485 would be denied?


09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered

08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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Filed: Citizen (apr) Country: Scotland
Timeline

I thought that a denied AoS resulted in the non USC having to leave the U.S., but now that I read this (http://www.pcurtislaw.com/adjustment-status-denied), I'm not so sure.

For example, (and I know, I know, I am *not freaking out*... I just like to know the whole situation) if my case was to be denied. According to that, would I be able to file a second time? Would I have to leave right away... The wording in the text makes it seem as if people who are denied can just... stay here and refile, or just stay here. :wacko:

Mrs. Kittyfang,

I have read your posts and you write what most of us have thought, think, or consider to varying degrees while on the AOS journey. You know you probably freak some others out when you post about your anxiousness, right? They may think they are fine in the process and then read your posts and figure they just may have something to freak out about. :bonk:

In all seriousness though, I had the same question about if Kyle were to be denied... what would the next steps be? Well for me, I felt quite calm before the interview knowing that if we didn't have a positive interview experience this way, he'd have about 30 days from being deported (or voluntarily being sent home) and then we'd go through the CR1/IR1 process. We didn't have an overstay situation to worry about though. From what I've read in the past, there is no way to refile or appeal the case because we were a VWP AOS case...

I'm thinking if we all researched hard enough, there are lots of cases with crazy endings, different routes we never thought possible,etc. With enough money and with a lawyer.. anything (AOS related) can be possible (although it'd be nicer to say with enough effort.. anything is possible in AOS land.)

Go file your papers already, KF!!! I'm ready to see your timeline change.

Laura

Edited by laura and kyle

AOS (from VWP)Application Removal of Conditions Timeline Naturalization Timeline
12/28/2009 Sent I-130,I-485,I-765 02/25/2012 Sent out I-751 via USPS to VSC 01/15/2013 Sent out N-400 via USPS to Dallas, TX
03/24/2010 AOS Interview APPROVED!!! 10/24/2012 RFE 04/03/2013 Naturalization Interview - Passed!
04/05/2010 Greencard arrived!! 01/03/2013 Approved! Card production ordered! 05/15/2013 Oath Ceremony - Kyle is a US Citizen!

***Detailed time line in my About Me page***

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actually bob can you, vanessa or anybody can you guys list ALL THE REAL reasons why would a i485 would be denied?

Look at the "Yes/No" questions on the I-485. If you answered "Yes" to any of the questions, then by law you are ineligible to adjust status unless you have a waiver that was approved. Most common examples include criminal history, terrorism history and problems with immigration before.

Other reasons would include fraudulent I-130 petition (sham marriage), problems with the I-693 (history of a communicable disease) and problems with the affidavit of support I-864.

According to the Applications for Immigration Benefits- Feb 2010 Monthly report, only 12.9% of the Applications for Immigration Benefits in 2009 and 13.2% in Feb 2010 were denied. However these included other forms such as I-90, I-765 and I-131 which are usually approved.


04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

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Filed: Country: Canada
Timeline

Kitty,

you need to stop this. There is no reason that your AOS would be denied, other than the I.O. gets a clue that you have a mental illness like severe paranoia that the civil surgeon simply missed at the medical.

Well, believe it or not, this was more of a curiosity based question than extreme paranoia one. But I get your point. ;)

Look at the "Yes/No" questions on the I-485. If you answered "Yes" to any of the questions, then by law you are ineligible to adjust status unless you have a waiver that was approved. Most common examples include criminal history, terrorism history and problems with immigration before.

I have answered No to everyone of those. As a friend of mine use to say "it doesn't count if the cops don't find out about it!" (joke :lol: )

Other reasons would include fraudulent I-130 petition (sham marriage), problems with the I-693 (history of a communicable disease) and problems with the affidavit of support I-864.

According to the Applications for Immigration Benefits- Feb 2010 Monthly report, only 12.9% of the Applications for Immigration Benefits in 2009 and 13.2% in Feb 2010 were denied. However these included other forms such as I-90, I-765 and I-131 which are usually approved. That is a great site, I'll have to keep an eye on it.

Edited by Kittyfang

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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