Denied AOS affect on F1 status

[meow69 0]

Hello, this is my first post here.

 

So my USC spouse filed for my AOS. However, we had an interview and it did not end well at all. We might be receiving a denial letter or notice for a stoke interview. 

Does anyone here how a denied AOS will affect my F1 status? If our AOS get denied, am i subject for removal, even if my I20 is still valid and that i'm still maintaining my status (my visa expired 2 years ago but I'm still going to school and just transferred to a new school so they issued my new valid i20)?  I only hear stories of people getting deported after denied aos due to overstay. If any of you in the same situation of me, please let me know what is going to happen to us next and how should we prepare for it. 

We don't know what's going to happen yet. But we're just afraid how is our marriage going to survive if we no longer live in the same country. 

Edited August 5, 2017 by meow69

[mcdull 474]

9 minutes ago, meow69 said:

Hello, this is my first post here.

 

So my USC spouse filed for my AOS. However, we had an interview and it did not end well at all. We might be receiving a denial letter or notice for a stoke interview. 

Does anyone here how a denied AOS will affect my F1 status? If our AOS get denied, am i subject for removal, even if my I20 is still valid and that i'm still maintaining my status (my visa expired 2 years ago but I'm still going to school and just transferred to a new school so they issued my new valid i20)?  I only hear stories of people getting deported after denied aos due to overstay. If any of you in the same situation of me, please let me know what is going to happen to us next and how should we prepare for it. 

We don't know what's going to happen yet. But we're just afraid how is our marriage going to survive if we no longer live in the same country. 

You will go back to your F1 status.

 

No need to worry about "how our marriage is going to survive" or not getting your AOS approved if your marriage is genuine and not for green card purposes.

 

But after all, if you were in love, your spouse could always move to your country   

[Georgia16 2,858]

What happened under the interview since you think it was so bad? 

[Coco8 1,054]

12 minutes ago, meow69 said:

...my I20 is still valid and that i'm still maintaining my status (my visa expired 2 years ago but I'm still going to school and just transferred to a new school so they issued my new valid i20)?

For the student status what matters is to keep i-20 valid and keep your status (full-time student). The fact that your F1 expired is not relevant; the only issue is that you will have to renew your F1 if you need to travel abroad and get back to the US.

 

Why do you think it didn't go well? Some people think that too and it ends up working out.

[f f 725]

with the f1 you need to show strong ties to your home country so you will return when you are done. the aos is a petition to remain in the us permanently. so if you leave you will be denied reentry due to immigrant intent

[-Trinity- 513]

8 minutes ago, mcdull said:

You will go back to your F1 status.

 

 

 

But after all, if you were in love, your spouse could always move to your country   

I agree, except with last sentence, not every situation is that easy.

Some USC have obligations in the US they can't leave either.

[-Trinity- 513]

24 minutes ago, meow69 said:

i'm still maintaining my status (my visa expired 2 years ago but I'm still going to school and just transferred to a new school so they issued my new valid i20)?  I only hear stories of people getting deported after denied aos due to overstay.

As far I can see you have maintained your fulltime status and that's what counts. You won't be deported as long as you are enrolled and meet the requirements and your AoS is still in process.

[mcdull 474]

5 minutes ago, Beachlover said:

I agree, except with last sentence, not every situation is that easy.

Some USC have obligations in the US they can't leave either.

Well, it isn't rare that we see people put obligations aside for mad crazy love

[-Trinity- 513]

Just now, mcdull said:

Well, it isn't rare that we see people put obligations aside for mad crazy love

Some obligations you CAN'T put aside. People make different choices based on their personal situation.

[Hypnos 6,579]

It would depend upon whether you exercised any benefits or derivative benefits under your I-485. 

 

If, for example, you started working at a job and used the EAD you obtained through your I-485 as your proof of ability to work on your I-9 then you would be considered to have self-terminated your F-1 and would be unable to resume it. 

 

In saying that, the interview probably didn't go as badly as you think it did. 

Edited August 6, 2017 by Hypnos

[meow69 0]

42 minutes ago, Hypnos said:

It would depend upon whether you exercised any benefits or derivative benefits under your I-485. 

 

If, for example, you started working at a job and used the EAD you obtained through your I-485 as your proof of ability to work on your I-9 then you would be considered to have self-terminated your F-1 and would be unable to resume it. 

 

In saying that, the interview probably didn't go as badly as you think it did. 

It really did not end well and we know for sure that we get denied 

oh my, I've been working at a job with the EAD. I didn't even know it would affect that badly, I just wanted to help out by getting a job now it's all going downhill

What are we supposed to do now? Since following the denied letter is my deportation right? 

Edited August 6, 2017 by meow69

[Hypnos 6,579]

I'd talk to an immigration lawyer. 

[meow69 0]

1 minute ago, Hypnos said:

I'd talk to an immigration lawyer. 

Thank you!!! I think we might have to do that right away  

we cant believe it's turning so bad 

what do you think will happen once the lawyer involved ? 

[Hypnos 6,579]

Well you haven't been denied yet (presumably), so that's something. 

 

It's difficult to say more without hard details. 

[meow69 0]

Does anyone know if they send out denial notice right away along with removal proceedings or intent of denial first? The officer said not to worry about it in the mean time (i dont think he meant it) and that we will hear from them in 30 days. but i just want to know what we have to do to in preparation for this bad news to come

 

 

We did not get seperated at first, it was going smoothly but then it was my spouse turn and he got so nervous, he always been very bad at talking to people, he froze for a really long time and they asked to see his phone, and a lot of our intimate secrets were revealed. After that we were separated and the whole interview lasted a very long time. We are a couple of alternate lifestyle, we are polyamorous couple. Also they said the evidences are against us, that we dont live together based on our texts he did take our phone outside and talked to others. This is why it was so hard for me to say cause our case is so different and the majority of population cant even fathom polyamory let along this is a GC based immigration case. This explains the reason why i said our case is for sure will be denied. 

 

but we did describe clearly how our relationship works and were able to pull up evidences showing we have an intimate relationship. SOmehow the interviewer, to me, seemed like he did understand that aspect of our relationship, but again he wont be able to make any decisions. He was stern and serious at fist but towards the end he seemed to be more tolerable to us. But who knows whats really going thru his mind

 

we just want to know what are other possibilities that available for us. Will we have to go thru immigration court or appeal our case? And how long do you think it takes them to give us a specific answer. 

 

 

Edited August 6, 2017 by meow69