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USCIS Policy Memo: NTAs for everybody?

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I saw this news story about a new USCIS policy memorandum today, what do you guys think?  

https://www.forbes.com/sites/stuartanderson/2018/07/11/new-uscis-policy-will-carry-harsh-consequences-for-applicants/#6352367f4615

 

The actual memo can be read here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

 

I am concerned about how this new policy will affect K1 spouses filing for AOS.  As their I-94 will have expired and their petition for AOS would be the only thing providing them legal status, if they were denied, would they automatically be given an NTA and put into deportation proceedings?  The news story makes it sound like simply leaving the U.S. after being denied and then filing for CR1 will no longer be practical/possible.  This is an excerpt from the memo:

 

V. Aliens Not Lawfully Present in the United States or Subject to Other Grounds of Removability

USCIS will issue an NTA where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.

 

I know things get exaggerated to make headlines, but reviewing the memo itself seems to support what the article says.  Thoughts?


I-129F Received (old site):  Jan 29 2018

I-129F Received (new site): Feb 2 2018

RFE mailed: Aug 30 2018 (old site updated 8/30, new site 8/31 - received email and text when new site updated)

RFE hard copy received Sep 4 2018

RFE returned 9/5, USCIS received 9/6. Old site updated 9/7, new site 9/10, no text or email.


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