Denied AOS . Please help!!!!

[Obichizi 6]

Hi. On one of my visit to the us I fell in love and married my husband , a United States citizen. We are applied for an adjustment of status from B1/B2 visa to a residential permit. Also, my husband filed for my kids in my home country to join us in the states. My kids petition gained prompt attention and they were approved while my AOS was still in the process. An affidavit of support fee was requested for my kids petition and we immediately paid it. How ever a response came regarding my AOS and I was denied as the felt the marriage was a sham and I missed the appeal date because the appeal notification never got to me and by the time I got back to uscis , they said they appeal time had elapsed. At this point, what is the next step to take ? Also , should we go ahead and contact NVC regarding my kids petition since they've been approved already?

[aaron2020 11,651]

You will have to refile.

If your children have not used their visas, the visas will be cancelled.

[Boiler 46,939]

My first thought is to file again with better evidence.

Not sure what happens with the children, logically their basis relates to a valid marriage so should also fail.

On the other hand they are still step children?

Edited February 5, 2015 by Boiler

[Obichizi 6]

Yes they are.

[NikLR 13,232]

~~moved to AOS from tourist, work and student visa from what visa do I need~~

[doshi8000 19]

I thought if AOs fails then deportation procedures begins????? If indeed they noted it is a "sham marriage "

[NigeriaorBust 4,087]

If the children haven't had their interviews they will probably be denied as their parent isn't approved to stay in the US and should want to be in their home country with their children.

[dwheels76 5,484]

Hi. On one of my visit to the us I fell in love and married my husband , a United States citizen. We are applied for an adjustment of status from B1/B2 visa to a residential permit. Also, my husband filed for my kids in my home country to join us in the states. My kids petition gained prompt attention and they were approved while my AOS was still in the process. An affidavit of support fee was requested for my kids petition and we immediately paid it. How ever a response came regarding my AOS and I was denied as the felt the marriage was a sham and I missed the appeal date because the appeal notification never got to me and by the time I got back to uscis , they said they appeal time had elapsed. At this point, what is the next step to take ? Also , should we go ahead and contact NVC regarding my kids petition since they've been approved already?

So you were denied because you didn't respond to the appeal and they think this marriage is a sham. Yike!!. You need a lawyer before you even think of refiling. They will continue to process the kids petition. I know many people petition kids when parents are here illegally or in deportation proceedings that doesn't matter to immigration and the kids got Visas to come and all that.

I would consult a lawyer about everything first? Having notes on your record of a "sham marriage" is not a good thing. How long were you in the US before you married. Seems like that's the big key here.

[Obichizi 6]

I got married after a year. Honestly I'm devastated.

[Darnell 8,479]

it's possible an RFE was issued,

and you never received it,

so you could not respond to it by the deadline,

then the entire casefile for AOS was denied, you not respond to the RFE.

When you talk with an ISO via telephone, what does an ISO tell you about your status and options?

I'd start there, really, then report back, here in yer topic.

[Obichizi 6]

Yes it was issued according to them but I never got it in my mail box. So when I called them to verify why I hadn't heard from them regarding my AOS , they said that I was denied and they sent my a RFE( appeal) which had elapsed and that I failed to respond. On the way forward, I was asked to pay for a fee so as to receive a mail telling me why I was denied and what to do next. I did and they sent me a cd, which I played and it stated that the marriage was a sham and that for my best interest I should leave the states and head back to my home country before the start deportation proceedings. And I should hold on for a mail from them inviting me for a court hearing. Since then , I haven't heard anything from them. Meanwhile I couldn't renew my work permit as I was denied too. My concern now is that , since my kids petition had been approved before all this drama erupted , should we go ahead and pursue contact NVC to alert my home country to invite them for their visa interview since that is the only stage remaining in their petition process while I sort myself out.

Edited February 5, 2015 by Obichizi

[dwheels76 5,484]

Yes it was issued according to them but I never got it in my mail box. So when I called them to verify why I hadn't heard from them regarding my AOS , they said that I was denied and they sent my a RFE( appeal) which had elapsed and that I failed to respond. On the way forward, I was asked to pay for a fee so as to receive a mail telling me why I was denied and what to do next. I did and they sent me a cd, which I played and it stated that the marriage was a sham and that for my best interest I should leave the states and head back to my home country before the start deportation proceedings. And I should hold on for a mail from them inviting me for a court hearing. Since then , I haven't heard anything from them. Meanwhile I couldn't renew my work permit as I was denied too. My concern now is that , since my kids petition had been approved before all this drama erupted , should we go ahead and pursue contact NVC to alert my home country to invite them for their visa interview since that is the only stage remaining in their petition process while I sort myself out.

Well that's your choice. Think of the possibility like I mentioned about my friend. What if you are deported and your children get approved and come to America. Can you live without your children is the bigger question.

You are asking us. But you need to decide if you can do not us. All you have to do is proceed if you want to proceed and live with your decision.

Can your husband raise your children without you? Will he raise your children without you? Big question?

[doshi8000 19]

Like i said earlier By law the deportation process has been initiated.having notes of sham marriage is a tough and hard one and it seems the OP isnt telling us the whole truth.

You missed RFE isnt an indication for them to tag ur marriage sham something isn't right

[Boiler 46,939]

Obviously the interview did not go well and they are into Lawyer territory.

[Ketsuban 1,034]

Obviously the interview did not go well and they are into Lawyer territory.

It sounds like the interview never even took place so I'm guessing the I-130 itself was denied?