AOS problem

[liraC 2]

Hello VJ's,i am asking a help in behalf of my friends..!!!

HERES MY QUESTION: 1.She came here for a k 1 visa got married with in the 90 days and applied for her work permit.She go for biometrics and physical and send the papers and all they did is keep the money were just waiting for nothing.It took a year and she got a letter from them and it says needed to do the biometrics again,she did biometrics for 2 times and pay 70$...After her 2 times biometrics done,she got a letter again stated that she only have 30 days to go back to the philippines.She's been here for 2 years but dont have any legal documentation from the USCIS,it seems that they have to start all over again and pay another 1,010$..

[Kathryn41 3,205]

Hello VJ's,i am asking a help in behalf of my friends..!!!

HERES MY QUESTION: 1.She came here for a k 1 visa got married with in the 90 days and applied for her work permit.She go for biometrics and physical and send the papers and all they did is keep the money were just waiting for nothing.It took a year and she got a letter from them and it says needed to do the biometrics again,she did biometrics for 2 times and pay 70$...After her 2 times biometrics done,she got a letter again stated that she only have 30 days to go back to the philippines.She's been here for 2 years but dont have any legal documentation from the USCIS,it seems that they have to start all over again and pay another 1,010$..

Your friend arrived on a K-1, got married within the 90 days and then applied for her work permit? Did she apply for the AOS as well or just the work permit? If she did not apply for the AOS (her green card) then the work permit cannot be approved because there is no legal basis for its approval. Once the I-94 (the 90 days) expired and your friend had not filed for the AOS, she was out of status and illegally present in the US.

You do state that they did pay $1010 so that seems to indicate they applied for AOS. If she also applied for a work permit, she may have had to do biometrics for both applications. If the decision was taking more than a year, then yes they may have asked her to redo biometrics for both the work permit and the AOS - but she should not have had to pay an additional biometrics fee. Biometrics are valid for 15 months generally, but sometimes they are requested to be repeated earlier if they will expire soon or if there is a problem with the fingerprints. As I said, she should not have had to pay an additional fee for biometrics based upon an outstanding application - she should still be covered by the initial payment. (My AOS took nearly 2 years to do and I had to repeat my biometrics - I did not have to pay an additional biometrics fee).

If she has received a letter saying she has 30 days to go back to the Philippines that means her application has been denied. Was she and her husband asked to attend an interview? Were they asked to send in more proof that they had a valid marriage (called an RFE - Request for Evidence)? She can appeal the denial which costs less than filing a new AOS application and can request to appear before an Immigration Court to prevent deportation while waiting for the appeal. She really needs to address the reasons 'why' they denied the application. You haven't provided enough information here about that so it is difficult to give you any specific advice other than she can appeal the decision

Is there more information you have? There must be more to the story than this.

Edited August 29, 2010 by Kathryn41

[liraC 2]

Your friend arrived on a K-1, got married within the 90 days and then applied for her work permit? Did she apply for the AOS as well or just the work permit? If she did not apply for the AOS (her green card) then the work permit cannot be approved because there is no legal basis for its approval. Once the I-94 (the 90 days) expired and your friend had not filed for the AOS, she was out of status and illegally present in the US.

You do state that they did pay $1010 so that seems to indicate they applied for AOS. If she also applied for a work permit, she may have had to do biometrics for both applications. If the decision was taking more than a year, then yes they may have asked her to redo biometrics for both the work permit and the AOS - but she should not have had to pay an additional biometrics fee. Biometrics are valid for 15 months generally, but sometimes they are requested to be repeated earlier if they will expire soon or if there is a problem with the fingerprints. As I said, she should not have had to pay an additional fee for biometrics based upon an outstanding application - she should still be covered by the initial payment. (My AOS took nearly 2 years to do and I had to repeat my biometrics - I did not have to pay an additional biometrics fee).

If she has received a letter saying she has 30 days to go back to the Philippines that means her application has been denied. Was she and her husband asked to attend an interview? Were they asked to send in more proof that they had a valid marriage (called an RFE - Request for Evidence)? She can appeal the denial which costs less than filing a new AOS application and can request to appear before an Immigration Court to prevent deportation while waiting for the appeal. She really needs to address the reasons 'why' they denied the application. You haven't provided enough information here about that so it is difficult to give you any specific advice other than she can appeal the decision

Is there more information you have? There must be more to the story than this.

the reason USCIS gave us is they needed an updated affidavit of support. I was told if i sent this with-in 30 days with an additional fee of $575, they would reconsider opening the case. I sent the requested items and additional fee and recieved a letter back saying appeal was denied. I went to USCIS field office and was told that once denied, the only thing to do was to start over again. I was told at the USICS office that sending the required fee was a mistake because it was only giving away money.

[Kathryn41 3,205]

Hmm. Was there a reason given for the denial? If the reasons for the denial still exist - such as insufficient income for the Affidavit of Support - then filing again isn't going to change things. You really need to address why the application was denied. If you have already appealed it and it was denied on appeal, then I don't think you can appeal again. It may well be that you will need to apply for AOS again but you do need to address why the first one was denied . If you do choose to re-file and receive a notice of deportation in the meantime, you can go before an immigration judge and ask for a stay of deportation (that means stopping the deportation process) until the AOS is reviewed and a new decision made.

You may find it useful to consult with a good and knowledgeable immigration lawyer who can help you look at your options. Good luck.

[adethony 2]

Hmm. Was there a reason given for the denial? If the reasons for the denial still exist - such as insufficient income for the Affidavit of Support - then filing again isn't going to change things. You really need to address why the application was denied. If you have already appealed it and it was denied on appeal, then I don't think you can appeal again. It may well be that you will need to apply for AOS again but you do need to address why the first one was denied . If you do choose to re-file and receive a notice of deportation in the meantime, you can go before an immigration judge and ask for a stay of deportation (that means stopping the deportation process) until the AOS is reviewed and a new decision made.

You may find it useful to consult with a good and knowledgeable immigration lawyer who can help you look at your options. Good luck.

Hey Kathryn,

on a side note, why was your AOS delayed for such a long time? I noticed u didnt have RFE and there was no interview on the long run. I'll like to know because i didnt file AP and i'm already tired of this system i want to go home immediately i receive the GC. I've not been issued SSN yet, cos they cant find my name in the sys which is so discouraging.

[Kathryn41 3,205]

Hey Kathryn,

on a side note, why was your AOS delayed for such a long time? I noticed u didnt have RFE and there was no interview on the long run. I'll like to know because i didnt file AP and i'm already tired of this system i want to go home immediately i receive the GC. I've not been issued SSN yet, cos they cant find my name in the sys which is so discouraging.

I've sent a private PM so as not to hijack this thread. Basically, for those who are interested - no known reason except a huge backlog, although I suspect it did get lost for a number of months as well after it was transferred to CSC.