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Luiz da Paz

If AOS denied, is AP still good????

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Filed: K-1 Visa Country: Brazil
Timeline

On Monday we had our AOS interview and it was left at 'just wait for a letter explaining what to do next'. So, today we find out that the AOS has been denied when we looked up the status online. We are still waiting for the letter to tell us exactly WHY we were denied.

The problem is that my husband is scheduled to leave the country next Wednesday. If he has a valid multiple-entry AP, will he still be allowed to re-enter the U.S. in 3 weeks if his AOS has been denied? Does a denied AOS make an otherwise valid AP and EAD void? Please advise us!

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Filed: K-1 Visa Country: Vietnam
Timeline

The AP and EAD are valid only while the AOS is pending. Once the AOS has been denied then the temporary period of authorized stay is terminated, and the alien's status is "voluntary departure". If your husband leaves the US he will not be allowed to reenter with the AP. If you intend to appeal the AOS decision then he must not leave the US.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The AP and EAD are valid only while the AOS is pending. Once the AOS has been denied then the temporary period of authorized stay is terminated, and the alien's status is "voluntary departure". If your husband leaves the US he will not be allowed to reenter with the AP. If you intend to appeal the AOS decision then he must not leave the US.

Concur.


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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On Monday we had our AOS interview and it was left at 'just wait for a letter explaining what to do next'. So, today we find out that the AOS has been denied when we looked up the status online. We are still waiting for the letter to tell us exactly WHY we were denied.

The problem is that my husband is scheduled to leave the country next Wednesday. If he has a valid multiple-entry AP, will he still be allowed to re-enter the U.S. in 3 weeks if his AOS has been denied? Does a denied AOS make an otherwise valid AP and EAD void? Please advise us!

Sorry to hear about your denial, what reason did they give you, surely it's worth fighting, like others have said the AP and EAD is not valid once denial of petition has occured. Please tell your husband not to leave if you want to fight it!

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Filed: Citizen (pnd) Country: Chile
Timeline

I was denied too, and it is horrible and a pain in the butt but theres ways to fix it! now they reopen the case and we are waiting on the interview letter. I hope you guys can fix it and don't let your husband leave the country!


N-400
__________________________________________

Filling in March

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Filed: Citizen (apr) Country: Australia
Timeline

The AP and EAD are valid only while the AOS is pending. Once the AOS has been denied then the temporary period of authorized stay is terminated, and the alien's status is "voluntary departure". If your husband leaves the US he will not be allowed to reenter with the AP. If you intend to appeal the AOS decision then he must not leave the US.

also agree

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Filed: AOS (pnd) Country: Germany
Timeline

Do you have any idea of why your AOS was denied??


AOS from F-1 Timeline

(based on marriage to USC)

2010-06-12 Send I-130 and I-485 packages

2010-06-16 arrived at Chicago lockbox

2010-06-23 Checks cashed

2010-06-25 Received NOAs for 1-130, I-485, I-765 (EAD) and I-131 (AP)

2010-07-09 I-130, I-765 and I-131 touched

2010-07-23 called USCIC about biometrics letter. They said to wait another 45 days

2010-08-10 infopass appointment to expedite I-131 (AP)

2010-08-13 I-131 (AP) touched and approved

2010-08-13 I-765 (EAD) touched

2010-08-19 I-131 (AP) touched

2010-08-21 I-131 (AP) received ...YAY!!!

2010-08-27 Received my biometrics letter

2010-09-07 Biometrics done, touch on I-765 and I-485

2010-09-07 I-765 (EAD) approved

2010-09-17 EAD and interview letter received

2010-10-22 Interview --> Approved

2010-11-04 Received GC in mail

ROC

2012-09-07 Mailed I-751 to CA

2012-09-20 Received Biometrics Appointment

2012-09-27 Received NOA 1

2012-10-12 Biometrics

2013-04-15 Received RFE

2013-06-27 Sent in RFE

2013-07-11 ROC Approved

2013-07-13 GC received

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