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Jan2211

Do I have to leave the country to re-apply for an AOS?

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I came in to the USA on a K1 visa. I was married within the 90 day time frame and applied for my AOS, EAD and AP. MY EAD and AP were approved and has just been renewed. My AOS has been denied and I would like to re-apply, do I have to leave the country to do this and wait until I get a notice to say that my AOS is now pending? Also, as my EAD and AP depend on a pending AOS, would my current authorisation be re-instated ?

Edited by Jan2211

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If your AoS has been denied then your EAD and AP have also been automatically invalidated.

You would need to re-file very quickly, or you will likely be placed into removal proceedings by ICE.

If it is your intention to re-file then you should not leave the US. As I said though, you have a narrow window.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Hi,

Why was your AOS denied?

Your EAD/AP became invalid once the AOS was denied.

If you leave, you will not be allowed back in with immigrant intent.

Determine why your AOS was denied. Fix the problem, then refile. If you refile without fixing the problem, you will be deny again.

Best of luck

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The decision was made on July 13th and I am still awaiting the letter. I will reapply ASAP , I just don't want to leave the country while I'm waiting for the AOS to be pending again. I have no intention of leaving the country until I hopefully, receive my green card.

Many thanks for the replies Hypnos and Aaron 2020

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I have posted previously on this, I had an rfe to have a medical, I contacted us is for clarification and I was told I need vaccines and not a medical so I was declined. I fully accept that an appeal is not an option but I would like to either re-open the case of reapply from scratch. I am having the medical carried out next week but I just wish the letter would hurry up so I know for sure

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My I-485 was denied on April, and the letter from USCIS told: "You are not authorized to remain in the U.S. and should make arrangements to depart as soon as possible. Failure to depart may result in your being found ineligible for immigration benefits and inadmissible to the US. in the future. See section 212(a)(9)(B) of the INA."

I don't know exactly what the time period "ASAP" means, but one lawyer (I am not sure about his knowledge) said they usually give 60 days for voluntary deportation. May be he was wrong, I don't know.

Unfortunately, I was already abroad for family holidays when USCIS locked the door from inside...


K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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So sorry Jan2211 and MariaAndeas for both of your denials and I hope things work out for you all soon starting over.

Denying over a misunderstanding of a new medical versus vaccs and denying over a copy of a certified divorce decree is just crazy.

Why can't they just issue a second RFE and clarify what they want. This is just ridiculous.

I have seen such vague RFE's come through lately where people are scratching their heads on what the heck they want, including my own RFE

and it's time for USCIS to change the existing policy of their la di da RFE's that look like they have been issued by 12 year olds.

Make it clear and understandable for Pete's sake ! $1070 and a one year wait ought to give us a little fairness. Add to that the

incapable misinformation line and different answers from different 'representatives' and IO's and it makes for one hell of a messy soup.

Sorry but this really pisses me off that people have to jump these hoops.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Ebunoluwa, prior to denial, my spouse answered the RFE with a paper (he hoped it was what they wanted) bringing it to them directly. He just came to the USCIS office by himself with purpose to make it faster for me to finally get my GC we had been waiting for 9 months. He passed through security checking and asked a guard to call that Ms. ... who interviewed us two weeks before or somebody else who may know whether the document is right or no. The guard said, "No sir, you can only leave it here." And he left the paper and left himself. Two weeks after, you know what happened.

You see, they specially don't go on contact with people! It is not difficult to have some knowledgeable consultant on reception who can help saying only "Yes" or "No" on people's questions. But no, the only way to find out a short RIGHT answer on a simple question is to call their incompetent line or hire a lawyer. I also think their denial has to do with my citizenship. May be they want to make another "sanction" for another Russian citizen...

And after all this they dare to call themselves democrats... and speak about "family values". What trust can be to those government officials who can any day kick you out from family without serious reason. Even with a GC I will probably not feel safety in this country, after what they did to us.

Edited by MariaAndreas

K1 visa

2013-11-21 Petition I-129F is filed

2013-12-10 NOA-1

2014-01-31 RFE for my Letter of Intent (the stupid lawyer didn’t include it!)

2014-03-06 Respond to RFE

2014-03-12 NOA-2, Approval Notice

2014-03-28 NVC

2014-04-02 Documents came to Moscow USA Embassy

2014-05-05 Medical Examination is passed

2014-05-07 Interview is successfully passed

2014-05-13 K1 visa is issued

*******

2015-05-28 Arrived to USA

2014-07-17 Wedding


AOS

2014-07-31 I-485 is filed

2014-08-04 NOA

2014-08-16 Biometrics Appointment Notice for Sept. 3

2014-09-03 Biometrics are processed

2014-10-17 Combo Card (EAD/AP) is approved

2015-02-19 Interview invitation for March 31

2015-03-31 Interview

2015-03-31 The case is continued for Service Action

2015-04-10 RFE for an Andreas’s divorce decree of 2010

2015-04-20 Andreas responded to RFE

2015-04-28 The case is DENIED on his divorce decree’s insufficiency

*******

2015-05-14 Motion to Reopen, I-290B, is filed

2015-05-15 NOA

2015-08-03 Senator’s aid made an inquiry to USCIS

2015-08-10 I-485 is Reopened

*******

2015-08-10 RFE for new Medical Examination, I-693

2015-08-21 Respond to RFE

2015-08-28 GC is being produced

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