AOS denied and divorce

[Tero 105]

If she's been out of status/illegal since 2009, how are they going to honor any more petitions from her? An illegal alien trying to file a VAWA, who's going to take that serious?

[CQ & CS 2]

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).

But she has been denied AOS already. Can she still appeal the decision using VAWA?

[Deputy Purple 1,294]

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

Which is why I said "Fraudulently, VAWA."

Sure she's got into a bad spot here with the arranged marriage and it's easy to point fingers at him for either not standing-up to his parents or not being a gentleman and supporting her to get a new life in the US (I'm not doing either) but given the facts we have from the OP's other thread (and assuming they are accurate) there doesn't seem to have been any real abuse or even abandonment here. Of course that doesn't stop her from trying to file on that basis claiming she was abandoned at her in-laws shortly after giving-up her life in her home country.

But she has been denied AOS already. Can she still appeal the decision using VAWA?

Why not? Especially when part of the VAWA abuse claim is that the USC Spouse withheld or withdrew support for Adjustment of Status as a form of punitive measure against her (again I'm not saying that is the case here).

[JimVaPhuong 4,863]

Refusing to cooperate with someone's adjustment of status is not a basis, by itself, for a VAWA claim. It's useful evidence when it shows a pattern of abuse. This means they'd have to be actively using the alien's immigration status against them. For example, forcing them to work or subjecting them to cruel treatment while threatening to turn them over to ICE if they report the abuse. Backing out of a marriage and refusing to continue with an immigration process based on that marriage is not abuse.

Abandonment is also not abuse, but it is a basis for divorce in many states. In fact, it would be difficult to claim both abuse and abandonment since an absent spouse isn't capable of doing much to abuse their spouse.

[Fandango 1,439]

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)?

Postponing the divorce and taking part in her AOS would actually be fraudulent as the marriage is clearly irreparably broken.

[ml82 1]

Ok, so since the AOS has been denied, she is there illegally? the denial letter that was sent to her doesn't state anything about her having to leave. it does state that she may file a motion to re-open the case if she had enough evidence to show that USCIS made a mistake. i'm not sure if she re-opened the case or not, i don't know what kind of evidence she could present.

anh map, you said she is accruing days.... what does that mean exactly? are you saying that she can stay illegally for as long as she wants? does any agency actually deport her for overstaying?

and as for filing a VAWA, i did not abuse her in anyway. she lives and works with my parents. her original employment card has expired this past october, i'm not sure if it was renewed as i would imagine it couldn't be renewed.

[belinda63 2,981]

Since her AOS was denied she is out of status meaning she has no legal status to remain inside the US. Usually the denial letter states a set period of time (30 days) for the person to voluntarily leave the country with no repercussions. For her to re-open the case she would have had to file within 30 days of the denial letter which I am sure she didn't as she had no grounds.

She can stay in the US as long as she wants but if ICE becomes aware of her she is subject to arrest and deportation as she has had no legal status since the AOS was denied. She is accruing days towards a ban from re-entering the US. More than 180 days means a three year ban, more than 365 days means a 10 year ban, a deportation is almost always a 10 year ban. This means if she leaves the US at any time this ban will kick in and the only way she will be permitted to re-enter the US prior to the expiration of the ban is with a waiver.

Her employment authorization expired the day her AOS was denied despite what it may say on the card. The card was issued based upon her pending AOS and when that was denied there was no basis for her to have employment authorization. She cannot renew the employment card as she has no status to do so.

You may want to discuss this with your parents as they have been housing and employing her.