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Tokenfreak

What if AOS is denied?

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What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Edited by Tokenfreak

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Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485

??/??/2019:  Green card received in mail

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

*Added on joint bank accounts and 401K beneficiary and health insurance

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27 minutes ago, Tokenfreak said:

What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Technically, your wife would be deemed deportable, but is unlikely to happen unless there are serious reasons for the denial, like fraud. So it depends on what the denial is based on.

 

For example, if your wife is denied because they found that she is actually married to someone else, then she is deemed ineligible to be a permanent resident through you.

 

Otherwise, if it is denied for insufficient financial support (not likely to happen because you would get a request first), you could move forward filing another AOS after you satisfy the support aspect of the case.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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5 minutes ago, NuestraUnion said:

Technically, your wife would be deemed deportable, but is unlikely to happen unless there are serious reasons for the denial, like fraud. So it depends on what the denial is based on.

 

For example, if your wife is denied because they found that she is actually married to someone else, then she is deemed ineligible to be a permanent resident through you.

 

Otherwise, if it is denied for insufficient financial support (not likely to happen because you would get a request first), you could move forward filing another AOS after you satisfy the support aspect of the case.

OK thanks for the information.  My wife isn't married to anyone else so that will not be an issue and I provided enough proof I feel like showing that I can support her. So I feel like we will be ok now. Thanks so much for the information it is greatly appreciated.


event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485

??/??/2019:  Green card received in mail

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

*Added on joint bank accounts and 401K beneficiary and health insurance

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On 12/10/2018 at 3:00 AM, Tokenfreak said:

What happens if the AOS is denied?  Does my wife have to leave the country and go back to hers?  Or is there another option to get it approved?  I can't imagine her having to leave if something like that was to happen.  We are just worrying about the "What ifs" if it was to occur. We pray it does not.  Thanks.

Fear is unfortunately an integral part of every step of the way in this long process: it feels like your life is in someone else's hands and the "threat" of deportation is always there. It is, however, a very straight-forward process for most people. Just follow the guides closely and you will be fine. You won''t have a great deal off co-mingling evidence at this phase because you are not supposed to. Set up joint bank accounts, put her on your insurance and annuity/401k if you have them, perhaps joint credit card or have her as an authorized user on yours, etc. Start building other financial documents now because you will need more for ROC. Good luck!


Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

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