Worried before filing for AOS

[ONA 133]

Hi, everybody!

So we just got married and started gathering the paperwork for AOS. This morning I read a thread about AOS denial because of the round-trip ticket, which got me really worried. I had a round-trip ticket too, and it's too late to cancel it, cause the ticket was for August 22. My parents left country that day and we had the same reservation, so I came up to the airline stand with my parents. While working on issuing my parents' boarding passes, the guy at the stand asked "Oxana is not flying today?" I said "I'm Oxana and I'm not flying". He started to print something on the computer, so I guess, I should be fine?

Anyway, I just wanted to prepare for the worst and make sure that I know what to do if the airline still made a mistake and something like that happens. So, if somebody knows, what was the end of this story: http://www.visajourney.com/forums/topic/268029-returned-flight-cost-my-husband-his-aos/ or any other related cases, please share.

Maybe I'm just freaking out for no good reason, but I'm still worried and want to know what to do if such a situation occurs.

[Harpa Timsah 13,258]

That happens very rarely, though there are a few VJ reports of it happening. Plenty of people successfully AOS with an unused return ticket. Hopefully the conversation at the airport made them input their computers correctly.

Know that as a visa holder, you have rights to appeal etc, so I am sure in the end it would work out, but the pain and stress is obviously not something you want. If it might ease your stress, you could call the airline and see what they have in their records. Good luck, and don't worry too much.

[ONA 133]

Harpa Timsah, thank you for your reply! I guess, calling the airline can help to calm me down Thanks!

[VanessaTony 3,567]

I had a return flight, didn't cancel it, and had no issues.

[mamaSue 38]

I also had a return ticket, just because it was cheaper than a one-way!!

It was never used.... I never had a problem.

[Ellie-n-Vladimir 3]

Hi, everybody!

So we just got married and started gathering the paperwork for AOS. This morning I read a thread about AOS denial because of the round-trip ticket, which got me really worried. I had a round-trip ticket too, and it's too late to cancel it, cause the ticket was for August 22. My parents left country that day and we had the same reservation, so I came up to the airline stand with my parents. While working on issuing my parents' boarding passes, the guy at the stand asked "Oxana is not flying today?" I said "I'm Oxana and I'm not flying". He started to print something on the computer, so I guess, I should be fine?

Anyway, I just wanted to prepare for the worst and make sure that I know what to do if the airline still made a mistake and something like that happens. So, if somebody knows, what was the end of this story: http://www.visajourn...usband-his-aos/ or any other related cases, please share.

Maybe I'm just freaking out for no good reason, but I'm still worried and want to know what to do if such a situation occurs.

Privet, ONA,

Hope things are going well for you! I also started gathering all papers for AOS and found your post. The attached link of the 'AOS denial' case clearly describes that the problem was NOT a round-trip ticket, but some mess with the departure record of the CBP Form I-94, magically appeared in the system for that poor guy, while he was in the US & never left the US. Reading this stuff made me think (I've never had a I-94, and don't remember how it looked like in the passports of my siblings) that there is no a barcode on it. If it was, the mistake would not happen - swipe the card and it's 99% accurate, unless some tech problems occur. As for now, it works like this: 1) the transportation carriers in the airports remove the departure portion of the I-94 from the applicant's passport, 2) annotate the reverse of the I-94 with the facts of the applicant's departure from the US, and return the I-94 to the nearest CBP office, - here, possibly, the mistake happened.

Some thoughts regarding the round-trip ticket:

1) A fiance/ee traveling to marry is NOT obligated to marry, or the GC would have been issued before the travel.

2) The fiance/ee is given an opportunity to meet a future spouse in the US, live with the future spouse for a while, and then decide if he/she still wants to marry.

3) Unlike all of the 'brides/bridegrooms' for 'purchase' for whom marriage is the undisputable and the only logical end goal, the K-1 visa program was designed for the natural case of a US citizen, meeting a future partner in life abroad spontaneously rather than planned. Therefore, it is not improbable that the fiance/ee would choose to not marry the future spouse once he/she learns about her/his lifestyle, and would choose to return, i.e. a two-way ticket is in completely normal.

4) The USCIS does not ask on what ticket a fiance/ee entered the country and cannot request this information from the airlines. Privacy and civil liberties are in fact observed in the US, and the government must obtain the Congress' and Supreme Court's permission to collect information not explicitly permitted by the Constitution. If collection of information about the kind of ticket used to enter the US by the fiance/ee was permitted, it would have been published by the government for everyone's information, or such collection would have been illegal and inadmissible even if permitted. Remember the 'Speed checked by radar' notice placed with the speed limit signs and the 'You have the right to remain silent'?

Have you seen the USCIS disclosure saying that they will collect the information on the type of ticket you used?

Take care