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I always want to help in this kind of situation. I am worried because a lot of us don't understand marriage...and I do not want any of them to have an impression that one is being favored by one...It is hard to believe that after spending money getting ur wife over to the US, then u decide to take her back to her country...Something is wrong! Is either ur wife refused to hear simple instructions given to her by u or the man in question is a monster and a looser!

The consequence is that even when they have her back to the US again with another visa, she will never get passed change of status...unless....

all i know is there's an age gap and no socialization happening to my friend. she doesn't go out, doesn't drive. practically no life here in the US. and she told her husband about it but doesn't listen to it. it's hard for her to adjust life here in the US. no friends here except for some of us she already knows but since we are far from her, it's hard too. her husband is not that sociable with other people too.

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Correct, unless there was an overstay prior to filing the I-485, then that period counts.

this should be the time the I-94 expires til the day of AOS application? I-94 expired April 2010 and AOS sent on February 2011.

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Filed: Citizen (apr) Country: China
Timeline

this should be the time the I-94 expires til the day of AOS application? I-94 expired April 2010 and AOS sent on February 2011.

Yep, overstay started when i-94 expired, and was put on hold when I-485 was filed, in this case even filing an I-131 for an AP doc would not have prevented a bar on entry on a trip while AOS was pending.

They WILL have a 10 year bar if AOS denied, or no-show the AOS interview.

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Yep, overstay started when i-94 expired, and was put on hold when I-485 was filed, in this case even filing an I-131 for an AP doc would not have prevented a bar on entry on a trip while AOS was pending.

They WILL have a 10 year bar if AOS denied, or no-show the AOS interview.

so after the 10year ban can she only apply for a new visa... thank you very much!

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What is her husband saying? Has he made a move to witdraw his Affidavit of support? He might still be interested in the marriage but just wants to let his wife know he is the person to make her a US citizen at this time.

On the other hand, if she is not interested in marriage but still has interest in being in the US. She would have to let the USCIS know about the situation in their marriage and her intention to leave the country.

But if she wants to stay, the USCIS do not the power to deport her as she is still a wife to a US citizen...The rest is the story of someone without a GC...you know what I means?

Edited by Delaw
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Filed: Country: China
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What is her husband saying? Has he made a move to witdraw his Affidavit of support? He might still be interested in the marriage but just wants to let his wife know he is the person to make her a US citizen at this time.

On the other hand, if she is not interested in marriage but still has interest in being in the US. She would have to let the USCIS know about the situation in their marriage and her intention to leave the country.

But if she wants to stay, the USCIS do not the power to deport her as she is still a wife to a US citizen...The rest is the story of someone without a GC...you know what I means?

Some others who are more well versed in the AOS process can speak to this, but I don't think it is correct to say that she can't be deported because she is the wife of a US citizen. If at the AOS they determine that the marriage is not legitimate then they can begin deportation procedings even though the marriage is legal on paper. What I don't know is if they both entered in to the marriage with good intentions but it just isn't working out, what will happen at the AOS. Someone who has been through or knows about this can chime in with better information.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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What is her husband saying? Has he made a move to witdraw his Affidavit of support? He might still be interested in the marriage but just wants to let his wife know he is the person to make her a US citizen at this time.

On the other hand, if she is not interested in marriage but still has interest in being in the US. She would have to let the USCIS know about the situation in their marriage and her intention to leave the country.

But if she wants to stay, the USCIS do not the power to deport her as she is still a wife to a US citizen...The rest is the story of someone without a GC...you know what I means?

she prefers to go home rather than stay here and live miserable. she doesn't know anyone in her place. she went here for the marriage and she wants the marriage to work out but it's like it's hard for them. her husband said he is not going to withdraw the affidavit of support and just leave after missing the interview.

Some others who are more well versed in the AOS process can speak to this, but I don't think it is correct to say that she can't be deported because she is the wife of a US citizen. If at the AOS they determine that the marriage is not legitimate then they can begin deportation procedings even though the marriage is legal on paper. What I don't know is if they both entered in to the marriage with good intentions but it just isn't working out, what will happen at the AOS. Someone who has been through or knows about this can chime in with better information.

yes, they entered marriage in good faith after i think near 2 years or 2years of dating and it is not just working out now.

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I am sorry to hear that your marriage isn't working too well... We had our problems too like any other married couple will have eventually, but we are working on it. Stay strong and be positive. Sort all your problems out one by one, starting with the smallest ones.

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Filed: IR-1/CR-1 Visa Country: China
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I say - she shows up to the interview, without him, explain the situation to the USCIS officer. This way, USCIS has a record of stuff, and IMO, won't be any bar or overstay, because she showed up to the interview.

There are other repercussions to this (AOS not approved) but IMO, she'll CLEAR herself with USCIS prior to the airplane flight.

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Filed: Citizen (apr) Country: Australia
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Yep, overstay started when i-94 expired, and was put on hold when I-485 was filed, in this case even filing an I-131 for an AP doc would not have prevented a bar on entry on a trip while AOS was pending.

They WILL have a 10 year bar if AOS denied, or no-show the AOS interview.

Correction. The OP stated the person in questions I-94 expired in April 2010, and AOS was filed in February 2011. That is a period of 10 months which results in a THREE year ban, not 10. If the OP's friend leaves immediately then she will have a 3 year ban. If she waits a couple of months after AOS denial then it would be 10 years.

so after the 10year ban can she only apply for a new visa... thank you very much!

She has a 3 year ban, not 10. The 10 year ban is after 365 days of overstay.

She is able to apply for an immediate relative petition (say she marries someone else or he re-petitions her) and she/they would need to file a hardship waiver to overcome the ban (it is possible) but for a visitor visa etc she would have to wait. Overstay is VERY hard to overcome though so it would be next to impossible for her to come back to the US without a new petition.

I say - she shows up to the interview, without him, explain the situation to the USCIS officer. This way, USCIS has a record of stuff, and IMO, won't be any bar or overstay, because she showed up to the interview.

There are other repercussions to this (AOS not approved) but IMO, she'll CLEAR herself with USCIS prior to the airplane flight.

How would showing up to interview overcome the 10 months overstay from I-94 expiration to AOS filing? Only an approved GC would do that.. or do you know something I don't?

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Filed: Citizen (apr) Country: Australia
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But if she wants to stay, the USCIS do not the power to deport her as she is still a wife to a US citizen...The rest is the story of someone without a GC...you know what I means?

Actually yes they can and do quite often. As she has applied for AOS and it is being withdrawn, and thus her method for AOS then she is deportable. If she had never filed for AOS she would have gone before an immigration judge who would have given her the chance to AOS. The OP's friend has already tried to AOS. Given the AOS withdrawal and her overstay she would be best leaving ASAP to avoid deportation as she will be on their radar.

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Filed: Citizen (apr) Country: Australia
Timeline
Some others who are more well versed in the AOS process can speak to this, but I don't think it is correct to say that she can't be deported because she is the wife of a US citizen. If at the AOS they determine that the marriage is not legitimate then they can begin deportation procedings even though the marriage is legal on paper. What I don't know is if they both entered in to the marriage with good intentions but it just isn't working out, what will happen at the AOS. Someone who has been through or knows about this can chime in with better information.

From the information the OP has given there is no other path for the friend.

For AOS to be approved based on the marriage, the marriage must be good. For ROC (after having the conditional GC for two years) all that's needed is the marriage was entered in good faith and it's possible to ROC after divorce. The marriage "just not working" isn't grounds for AOS approval.

But yes you are correct. Marriage doesn't make you magically not deportable. You are given the chance to AOS, if you've already tried and been denied, or in the OP's case withdrawn it you are deportable. Same for committing certain crimes as well. Marriage doesn't give you that much "protection" immigration wise.

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Filed: AOS (apr) Country: Mexico
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So it sounds like the best situation is to leave before she accumulates the 365 days of overstay and then just accept the 3 year ban - which is not that long a time specially since she doesn't have family in the US. With a chance of a waiver if she reapplyies through marriage with US citizen.

But before she leaves or before the interview whichever is first, send a letter requesting a withdrawl of the petition & AOS. Make sure she keeps evidence of when she does leave as evidence for the ban.

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Filed: Country: China
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From the information the OP has given there is no other path for the friend.

For AOS to be approved based on the marriage, the marriage must be good. For ROC (after having the conditional GC for two years) all that's needed is the marriage was entered in good faith and it's possible to ROC after divorce. The marriage "just not working" isn't grounds for AOS approval.

But yes you are correct. Marriage doesn't make you magically not deportable. You are given the chance to AOS, if you've already tried and been denied, or in the OP's case withdrawn it you are deportable. Same for committing certain crimes as well. Marriage doesn't give you that much "protection" immigration wise.

Thanks. I get the AOS and ROC confused sometimes. Given the length of time and lack of evidence, I think a VAWA bases self AOS is not an option in this case either. Sounds like the OP's friend wants to go home anyway, the issue will be the child with her current spouse. This is one of those cases that seems really unfair to the immigrant and they really have no good choice :(

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Actually yes they can and do quite often. As she has applied for AOS and it is being withdrawn, and thus her method for AOS then she is deportable. If she had never filed for AOS she would have gone before an immigration judge who would have given her the chance to AOS. The OP's friend has already tried to AOS. Given the AOS withdrawal and her overstay she would be best leaving ASAP to avoid deportation as she will be on their radar.

what do you suggest she do? missing the interview will make it a no show and making her deportable... so if she leaves on the 24th, does she need to contact uscis? or just send a letter withdrawing aos and stating she leaves 24th? that sounds reasonable.

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