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AOS denied and divorce

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hi everyone, i posted my situation a few months ago...

but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. she has been living with my family the whole time. she has her employment card and ssn card and a drivers license. our marriage didn't work out so i am filing for divorce.

what will happen to her after i file for divorce? can she still stay in the US? or does she have to leave?

thanks for any help.

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hi everyone, i posted my situation a few months ago...

but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. she has been living with my family the whole time. she has her employment card and ssn card and a drivers license. our marriage didn't work out so i am filing for divorce.

what will happen to her after i file for divorce? can she still stay in the US? or does she have to leave?

thanks for any help.

She has to leave based on the fact you have just merely reached the AOS stage.

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but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. ... our marriage didn't work out so i am filing for divorce.

I am wondering why her AOS was denied. (If you don't want to go into the details of the denial, I understand, but I would like to hear more, if possible, as I my husband and I have just filed AOS paperwork and are concerned about denial).

Also, it sounds like you want to go ahead with the divorce but are hoping there's a way your wife can stay in the U.S. Is there any possibility you can appeal the denial of AOS (and postpone the divorce)?


My heart has adopted every shape.

It has become a pasture for gazelles,

And a convent for Christian monks,

And a temple for idols,

And a pilgrim's Ka'ba,

The tables of a Torah,

And the pages of a Qu'ran.

I follow the religion of love.

Wherever love's camels turn,

There love is my religion and my faith.

Ibn al'Arabi, "Tarjuman al-Ashwak" (13th century)

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What visa did she enter the US on?


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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She entered on a K-1 visa and he withdrew the affidavit of support/did not attend the interview (not sure which). Once the AOS was denied she should have been given a certain number of days in which to leave the country. Also her work permit is no longer valid as it was based upon the pending AOS.

Whether you are divorced or not has nothing to do with her status to remain in the US.

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She entered on a K-1 visa and he withdrew the affidavit of support/did not attend the interview (not sure which). Once the AOS was denied she should have been given a certain number of days in which to leave the country. Also her work permit is no longer valid as it was based upon the pending AOS.

Whether you are divorced or not has nothing to do with her status to remain in the US.

If that's the case then Bob 4 Anna's assessment is spot on. If she can prove abuse then she can attempt to adjust status. Other than that, no legal way to adjust and be legal.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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she entered under a k-1 visa. i withdrew my support. they sent her a letter that her AOS was denied but gave her the option of applying for a i-290b which allows her an extension which she may possibly have applied for, but i am not sure. i don't wish to appeal the denial. the marriage just didn't work out.

however, she wants to stay.

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she entered under a k-1 visa. i withdrew my support. they sent her a letter that her AOS was denied but gave her the option of applying for a i-290b which allows her an extension which she may possibly have applied for, but i am not sure. i don't wish to appeal the denial. the marriage just didn't work out.

however, she wants to stay.

To be blunt, that's her problem. There really isn't a legal way for her to stay after entering with a K1.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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i see... she was denied the AOS in september of 2009 but she is still in the country. do they send her a notice of how much time she has left? do they even enforce anything if she stays over the time limit?

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i see... she was denied the AOS in september of 2009 but she is still in the country. do they send her a notice of how much time she has left? do they even enforce anything if she stays over the time limit?

Now she continues to accrue time out of status, is not legally able to work, and builds longer bans to reentry once she leaves the US.

She knows that she's not here legally and will have to face the ramifications eventually. If she comes to the attention of ICE she may be placed in deportation proceedings.

She should refer to the notice issued when AOS was denied. I would expect that it explains her options.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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If that's the case then Bob 4 Anna's assessment is spot on. If she can prove abuse then she can attempt to adjust status. Other than that, no legal way to adjust and be legal.

But her AOS has been denied already. Wouldn't it be fishy to use VAWA?


Our AOS Journey started:

Nov 06, 2010: CS & CQ got married in Las Vegas

Nov 26, 2010: AOS-EAD-AP package sent out

Nov 29, 2010: Package delivered at 1:12pm

Dec 10, 2010: Received text messages from USCIS regarding receipt numbers for AOS, EAD, and AP

Dec 14, 2010: Received three I-797C from mail

Dec 18, 2010: Touched

Jan 05, 2011: Received RFE for I-485 (email)

Jan 10, 2011: Received RFE for I-485 (hardcopy)

Jan 11, 2011: Sent response to RFE for I-485 (Fedex/UPS do not deliver to PO Box. Only USPS does and it takes 2 days even for Express Post)

Jan 13, 2011: Response to RFE delivered

Jan 14, 2011: Touched

Jan 15, 2011: Touched

Jan 18, 2011: Received Biometric Appointment letter in mail

Jan 21, 2011: Biometric Appointment (Walk-in Successful)

Feb 10, 2011: Biometric Appointment (Originally Scheduled)

Feb 12, 2011: Received 1st text/email for EAD card in production and AP was APPROVED

Feb 17, 2011: Received 2nd text/email for EAD card in production

Feb 18, 2011: Received 3rd text/email for EAD card has been mailed out

Feb 18, 2011: Received AP!!!! YAY!!!!

Feb 22, 2011: Received EAD!!!!

Feb 22, 2011: Received letter for 2nd fingerprints :(

Mar 17, 2011: 2nd fingerprints

May 02, 2011: AOS Interview Approved!!!!!!

May 07, 2011: Received "Welcome to America" letter

May 09, 2011: Received Green Card. Yay!!!!!

as1cHvOuM2B0010MDA3MjM5cHN8NDUyOTY1c3xIYXBwaWx5IE1hcnJpZWQ.gif

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But her AOS has been denied already. Wouldn't it be fishy to use VAWA?

Not really. She could claim abandonment. That he just fled and withdrew the affidavit of support and she was "trapped" with no way to work or leave and all that. Sometimes people use the not filing of paperwork as proof of trying to control (mental abuse).

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But her AOS has been denied already. Wouldn't it be fishy to use VAWA?

Of course it would. The whole VAWA thing has been fishy as related to immigration. I am not passing judgment on the merits of any particular case, simply commenting on the process. There are horror stories from both sides.

Past reports indicate the woman's statement alleging any sort of abuse is accepted at face value by the process, with little or no actual fact checking.

No evidence required to support the allegations, and go straight to the front of the immigration line.

So an unscrupulous actress who is determined to stay in the USA could easily accomplish that by making a few tearful statements to appropriate authorities.

What I do not know is what downstream ramifications and consequences that has for the man, e.g., a record of the case winding up in a searchable semi-public record, and the man being denied military clearances in the future, etc.

If things are different now, someone please chime in with updated information on how immigration-related VAWA cases are being handled.

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