What happens when an AoS is denied?

[Radkova 11]

kitty, you need to chill. you need a drank sweetie

[Bobby+Umit 161]

Yep - your doomed - I went over all your posts and they clearly show you are going home...

Or not...

As others have posted, if you get denied, you can try to appeal it. On the VWP, you gave up the right to appeal, however, lawyers have been known to take cases to try to fight them. (mo' money).

There are a few cases here were the 485 was denied (the I-130 was approved) - and the person was ordered back home to try at their embassy. (of course any overstay bans would be kicking in, so this is not a good thing).

Unfortunately - some of these cases, the person never came back here to report what happened (so one would assume they failed, since people tend not to reinforce failure).

But it should not be in your case.

[Kittyfang 6]

I get it. I worry. Thx guys... I'll try not to worry too much.

It's true that my case doesn't seem too bad. I mean, there are people here with seriously bizarre cases and they got their GC... But honestly, this was really curiosity that led me to asking this question, not out right panic.

[rsn 135]

You all do know that Canada is not part of the VWP, right?

[Kittyfang 6]

You all do know that Canada is not part of the VWP, right?

I think... Although, I could be, and usually am wrong, that the consequences are the same.

[LT.Nora 7]

I think... Although, I could be, and usually am wrong, that the consequences are the same.

Kittyfang, you haven't even submitted your AOS and you are asking about denial already. LOL there's my suggested timeline for you:

1. File AOS

2. Gather evidence.

3. Attend interview.

4. FREAK OUT if necessary.

Think positive - that your AOS will be approved and don't freak out until you need to

(F)

[juliava 80]

Kitty, why in the world would you worry about getting denied?You need to stay optimistic, you have a long way to go!

Now to answer your question-everything depends on the reason of denial. USCIS doesn't deny anybody for no reason and I have never heard anybody being denied by accident, due to some mistake made by USCIS. If the denial has to do with an non-legit marriage or serious criminal record-I don't think there is any way to appeal the decision. Also if you arrive here on VWP you can not appeal/re-apply for AOS from here.

There are some exceptions. I read about one case who got denied because she didn't have a waiver for the 2 yr home residence required for some J-1 visas. She obtained the waiver, she applied all over again right away and she got approved the 2nd time!So I guess sometimes there is a way to re-apply and correct what was wrong with the AOS application.

[BMW4me 12]

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.

i130, 693, and 864 hmm i think we're all good

looking at those yes/no questions lol, once again I guess we're all fine

[trailmix 77]

Funny, I didn't even see who had started this thread but I thought "I bet it's another one from Kittyfang".

You know, in reading your threads, which I rarely respond to now, I have to wonder, why are you so paranoid about being denied? Do you have something to hide? I find it interesting that I have never seen anyone speak about a denial as much as you have - not even close.

You need to think of worse case scenario here - what if you are denied and you go before a judge and he throws you out of the country? Well in that case you go back to Canada and one assumes your Husband would too. Or to Europe or wherever you choose to relocate.

The bottom line is, all you can do is submit your paperwork (I didn't realize that you still haven't filed - that's amazing to me).

I read back over a few of your other threads. In one thread you state you "lost" your greyhound bus ticket. In another thread you state you "threw it away". It's details like that which will trip you up if you are interviewed, so perhaps it would be a good idea to collect your thoughts and evidence in your case and get your ducks in a row. Being prepared will help you a great deal, both in feeling confident and in ultimately being approved.

[Kittyfang 6]

I am not *freaking out*... I just like to know the whole situation

This. ^

Edited May 9, 2010 by Kittyfang

[Rhiannercakes 14]

I kinda have to agree with Trailmix.

I'm sure you want to know everything, but you really shouldn't be worrying this much.

You must know all you need to know by now.

You should probably submit your paperwork soon, sounds like you've put it off long enough.

[Kittyfang 6]

I kinda have to agree with Trailmix.

I'm sure you want to know everything, but you really shouldn't be worrying this much.

You must know all you need to know by now.

You should probably submit your paperwork soon, sounds like you've put it off long enough.

I'm putting it off on purpose. There are reasons for the long delay.

And again... This was just about educating myself, not about freaking out.

[Kittyfang 6]

I'm putting it off on purpose. There are reasons for the long delay.

And again... This was just about educating myself, not about freaking out.

Wow... ok. I meant to say I'm NOT putting it off on purpose.

[MacTO 6]

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

(joke!)

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

Kittyfang, I can relate to your situation a bit more than anyone else here because;

I met my then girlfriend and now wife online,

I came to visit her (after a few times of that) and then married her,

and up until the interview, this intent issue of mine wrecked me pretty much to the death... Thank goodness, I survived.

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

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?

I pictured myself packing up everything and returning to T.O. so many times. That wasn't fun.

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

And your icon truly depicts the state of my mind before the interview. My wife told me to chill numerous times... I was soooooo paranoid.

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.

I really understand how hard is to simply stop it. I can say that now I am relaxed and live my life. (Still not fully awake from the good result, to be honest. Then again, I now have to find a job.) Before the interview, everything, literally every decision I made, seemed to be revolving around the result of the interview when my whole life was in limbo. I hated it. But, that's what it was, and you just have to prepare as much as you can, and hope for the best (or approval). That's how I got through it.

[Alla 3]

Here is some factors that can cause stoke interviews or second interview but not a denial right away.

Marriage fraud factors

Other issues involving marriage revolve around the "marriage fraud factors" passed by Congress in 1986 to discourage "sham" or marriages of convenience to get around the immigration laws and illegally obtain federal immigration benefits.

A list of factors that contribute to a determination by an examiner for the Immigration and Naturalization Service (INS) that the parties got married to get around the immigration laws follows:

* Rapid sequence of events (marriage, divorce, claimed death prior to filing petition,adverse action by INS).

* Age difference -- 10 years or more.

* Prior marriages by petitioner to aliens or by aliens to U.S. citizens or lawful permanent resident aliens.

* Marriage outside ethnic or religious group.

* Marriage to "entry without inspection" alien not of the Western Hemisphere.

* Witnesses to marriage are same nationality as beneficiary.

* Beneficiary and petitioner claim separate address; beneficiary departed U.S. after marriage.

* Confidential marriage. This is a special procedure in California where the parties can request that their marriage not be recorded in the public record.

* Beneficiary has minor children residing abroad.

* Inconsistent or nonexistent petitioner identification.

* Excessive documentation in support of the application (e.g., Forms I-864, Affidavits of Support, submitted by relatives other than spouse)