AOS denied

[maybeifancyu 4]

Okay so my interview went well until we came into the topic of J1 and the two-year HRR.

When I filled out my I-485, I answered no on the question concerning whether I had the J1 visa AND is subject to the two-year home country residence requirement. I remember that the visa officer who issued me the J-1 told me I'm not subject to it. I was on an exchange program in high school, and all is paid on my own expense. After I finished that year, I came back to the U.S on F-1, and it is still valid.

Anyway, I was rejected (not on the spot, but later in a e-mail), probably because on my passport, the visa says I am subject to the two-year rule. However, my parents just sent me a copy of the original DS-2019, it says I'm not subject to the 2-year rule. It is signed both by the visa officer and me in 2007. So I guess when they printed my visa, it was wrong.

The officer in the interview told me she was going to look into it, because I told her I remember I was not subject to it. I guess she didn't really look into it. I was hoping she would send me a RFE so that I can send them the copy of my DS-2019. But she just went ahead and denied me an hour after the interview...

So, what's my next step? Please help? I only have one semester left in the summer before I can graduate college. I don't want to have to leave now. My I-20 expired in May 30th.

PS: I'm married to a USC for a year and four months now.

[Little_My 463]

Once you get the official denial, it should include instructions on how to file a motion to reopen the case, which I think has to be done within 30 days. You can then submit the additional evidence about your J1 not being subject to the 2 year HRR - I am not sure if the DS-2019 will be all they need, or if they would require additional proof - and if they want additional proof, I am also not sure what that would be.. But maybe someone else here will have more insight to this.

[Rebecca Jo 1,962]

Unfortunately, it really wasn't up to the officer to figure out if you were subject to HRR or not. It's the responsibility of the J1 visa holder to prove.

You can reopen your case with the proof your parents sent you (I presume you did not have the DS-2019 at your interview?) In the meanwhile, do this also:

http://travel.state.gov/visa/temp/info/info_5502.html

"If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver Review Division conducts an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement."

And - if it were me - I would get myself a lawyer. Just for extra muscle.

Edited April 25, 2012 by Rebecca Jo

[maybeifancyu 4]

Do any of you know if I could extend my I-20? I know this process may take a lot longer than I expected, and I don't want to fall out of status while I'm waiting for an appeal. (If I get a chance to appeal of course...) My school sent me an email earlier this semester to ask me if I need to extend the I-20 since I'm graduating one semester late.

I actually had the DS-2019 with me in the interview. And I told the officer I am not subject to the two-year rule because the visa officer told me so. I completely forgot to show her the form, since she kept asking me for a waiver and I got confused and just told her I didn't have a waiver... I guess I was just being stupid.

[Sgt. McGee 27]

Going a little different direction with this...

There's a "skills list" available here: http://travel.state.gov/visa/temp/types/types_4514.html

If you look through there, and can determine that you aren't included in the skills list (determined by country of origin and nature of the program that brought you here) for the time period that you were here under the J-1, you should have an easy time stating your case. This is the approach I took with my wife's AOS application (she didn't have her original passport, which had expired and been replaced, and it was hard to read on the original DS-2019, or whatever form we had). We had no issues...

The advisory opinion isn't a bad idea, but it may take a while to get taken care of. This is something you could start on as soon as you click the link above... Good luck!

[MrsCrawford218 0]

Do any of you know if I could extend my I-20? I know this process may take a lot longer than I expected, and I don't want to fall out of status while I'm waiting for an appeal. (If I get a chance to appeal of course...) My school sent me an email earlier this semester to ask me if I need to extend the I-20 since I'm graduating one semester late.

I actually had the DS-2019 with me in the interview. And I told the officer I am not subject to the two-year rule because the visa officer told me so. I completely forgot to show her the form, since she kept asking me for a waiver and I got confused and just told her I didn't have a waiver... I guess I was just being stupid.

First of all, I don't think you need to have a valid status while you're waiting for the AOS.

since you have F1 visa, all you can do is just go to school,you can't work. so even if you fall out of status, it won't hurt you.

But if you really want to extend your I20, according to my experience, you have to talk to the school counselor first, and make a "future plan" for your study, like which courses your going to take. After that you can bring it to your International advisor, who will review the plan and print you a new copy of the I20 with his/her signature on it. But since you are actually graduating, i don't know if that will work for you. you should contact school ASAP.

###### LUCK

[maybeifancyu 4]

My school is willing to extend my I-20. It's not a problem.

My question is - if a denied AOS would revoke my F-1 status?

How long do I have to file a motion? I heard that I only have 30 days, but getting a waiver or a advisory opinion would take longer than that.

I've also heard that it's not appealable. Is that true???

First of all, I don't think you need to have a valid status while you're waiting for the AOS.

since you have F1 visa, all you can do is just go to school,you can't work. so even if you fall out of status, it won't hurt you.

But if you really want to extend your I20, according to my experience, you have to talk to the school counselor first, and make a "future plan" for your study, like which courses your going to take. After that you can bring it to your International advisor, who will review the plan and print you a new copy of the I20 with his/her signature on it. But since you are actually graduating, i don't know if that will work for you. you should contact school ASAP.

###### LUCK

Thanks

I don't really want to have a job anyways I'm hoping that my hubby would let me be a housewife!!

[MrsCrawford218 0]

My school is willing to extend my I-20. It's not a problem.

My question is - if a denied AOS would revoke my F-1 status?

How long do I have to file a motion? I heard that I only have 30 days, but getting a waiver or a advisory opinion would take longer than that.

I've also heard that it's not appealable. Is that true???

Thanks

I don't really want to have a job anyways I'm hoping that my hubby would let me be a housewife!!

hahahahahaha

Same here! lol

[jdh 103]

hahahahahaha

Same here! lol

I have been the housewife for the last 9 months while my wife got to work. LoL

[maybeifancyu 4]

I have been the housewife for the last 9 months while my wife got to work. LoL

That makes you a house-husband, right?

Oh wait...

[MrsCrawford218 0]

I have been the housewife for the last 9 months while my wife got to work. LoL

jealous....! :P

[jdh 103]

jealous....! :P

All I know is, my legs look great in the skirts.

[maybeifancyu 4]

Question: If the denial letter does not say about a fraud, or to revoke my F-1 status, does it mean I can stay on my F-1 as long as it's valid?

[Little_My 463]

I have never been 100% clear on this issue - my understanding is that once AOS has been filed, the F1 status is terminated. What I haven't been sure about though, is whether or not the person can fall back on the F1 status if AOS is denied, assuming he/she has been complying with the F1 rules while AOS was being processed, i.e. stayed in school, maintained a full-time course load, etc.

The thing is, F1 is a non-immigrant visa. You have now clearly demonstrated immigrant intent.I don't think you can go back to the non-immigrant status at this point.. but someone else might know about this with more certainty. I'm pretty sure your SEVIS record has been terminated, and I don't think it can be re-instated since you are planning to immigrate to the US. You also mentioned that you would have to get a new I-20 issued, which I think would also be problematic, given the immigrant intent.

You'll be in legal status if you file to re-open the case. Once the letter arrives, it'll tell you how long you have to file a motion to re-open. My understanding is that for that window of time, and then during the time that USCIS takes to determine whether you have grounds to have the case re-opened, you are allowed to remain in the US.

[Rebecca Jo 1,962]

First of all, I don't think you need to have a valid status while you're waiting for the AOS.

since you have F1 visa, all you can do is just go to school,you can't work. so even if you fall out of status, it won't hurt you.

But if you really want to extend your I20, according to my experience, you have to talk to the school counselor first, and make a "future plan" for your study, like which courses your going to take. After that you can bring it to your International advisor, who will review the plan and print you a new copy of the I20 with his/her signature on it. But since you are actually graduating, i don't know if that will work for you. you should contact school ASAP.

###### LUCK

Her adjustment has been denied, so right now there is no valid status.