Jump to content
Soooocal

Denied AOS from F1, out of status, then trying AOS again by marrying a USC

5 posts in this topic

Recommended Posts

Long story short,

 

Came to the States on F1 visa, married a USC, separated before interview therefore case got dropped.

After a few years of being out of status, about to marry LPR who is a soon-to-be USC and apply for AOS again once naturalization process is complete.

 

 

Question#1 Will there be any issue regarding the previous AOS application that got denied? 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

 

 

Thank you.

 

 

 

 

Edited by Soooocal

Share this post


Link to post
Share on other sites
41 minutes ago, Soooocal said:

Question#1 Will there be any issue regarding the previous AOS application that got denied?

Not an issue in and of itself. But check if there have been any immigration proceedings (e.g. deportation, etc.) scheduled for you. Call the EOIR automated hotline at 1-800-898-7180. You will need your A-number (alien number).

47 minutes ago, Soooocal said:

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

Not an issue at all for the LPR. But the N-400 asks detailed info about the LPR's spouse (see pages 7-9 https://www.uscis.gov/system/files_force/files/form/n-400.pdf?download=1). But USCIS should already know your address because both of you are legally required to provide it within 10 days; https://www.uscis.gov/addresschange:

Quote

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or the parent or legal guardian of an alien under 14 years of age who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA Section 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

 

Share this post


Link to post
Share on other sites
56 minutes ago, Soooocal said:

Long story short,

 

Came to the States on F1 visa, married a USC, separated before interview therefore case got dropped.

After a few years of being out of status, about to marry LPR who is a soon-to-be USC and apply for AOS again once naturalization process is complete.

 

 

Question#1 Will there be any issue regarding the previous AOS application that got denied? 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization?

 

 

Thank you.

 

 

 

 

There will be no jepardy to the lpr, however due to being out of status you are in jepordy of being deported at any moment, and if the lpr hasnt started the processes your taking a huge risk. There is a chance your adjustment of status will be severly scrutinized. 

Share this post


Link to post
Share on other sites
20 hours ago, Soooocal said:

 

 

Question#2 Will being married to an out-of-status immigrant jeopardize the LPR's application for naturalization

No issues. My naturalization process went smoothly, all I put for my out of status spouse on my N400 application was "Alien" when it asked for her immigration status.

Share this post


Link to post
Share on other sites
On 12/14/2018 at 12:46 PM, ac8238 said:

No issues. My naturalization process went smoothly, all I put for my out of status spouse on my N400 application was "Alien" when it asked for her immigration status.

"Alien" was not the appropriate answer; "Out of status" was.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×