Questions regarding my wife's adjustment of status from a B1/B2 tourist visa

[malajoe 100]

10 hours ago, jaxe said:

Also, is there then any punishment for the spouse if the AOS application gets cancelled?

As long as the person applying for the green card is married to a U.S. Citizen they will not be punished. No worries. Just take your time to fill out all your forms.

[malajoe 100]

6 minutes ago, aapl said:

So if they need it to be refiled and need more info, the spouse applying for AOS is still protected via the NOA1?

 

and if for any reason the USCIS rejects the application, what then happens to the spouse applying for AOS (or what do they have to do?). Is the spouse now punished for having stayed past i-94 and is now considered unprotected?

 

how often does the USCIS flat out reject applications vs ask for more documents/modifications?

 

thanks

 

 

Don't worry. As long as u guys are not out here breaking laws. If they reject your case just refile. I would not encourage the spouse to leave the country. Many ppl under B1/B2 status is going to be expired as some point during the process. Focus on gathering and send all the necessary documents. My case my rejected a first time and it recently got accepted my husband i 94 expires this month.

[malajoe 100]

15 hours ago, Lil bear said:

There has been an increasing trend recently in this type of action resulting in immediate denial of the AOS application without an RFE being issued. This is designed to stop “placeholder”’applications which are used to try to get up the pile faster. Not worth  the risk. Costs money and time and places the applicant in a non legal stay status while a second application is being filed 

Denial of the AOS or rejection of the package? Mine got rejected the first go round for being incomplete but recently got accepted

[geowrian 22,335]

45 minutes ago, aapl said:

So if they need it to be refiled and need more info, the spouse applying for AOS is still protected via the NOA1?

 

and if for any reason the USCIS rejects the application, what then happens to the spouse applying for AOS (or what do they have to do?). Is the spouse now punished for having stayed past i-94 and is now considered unprotected?

 

how often does the USCIS flat out reject applications vs ask for more documents/modifications?

If the filing is rejected, it means they never really filed. It was missing something critical to be accepted in the first place. Payment was never redeemed, and no NOA1 is sent. The packet is sent back "quickly" (it can take a few weeks still...timelines in immigration are never fast). They would not have any authorized stay until they properly file.

If the filing is accepted, payment is redeemed and they will adjudicate the application. If denied, authorized stay ends until they refile.

 

If USCIS rejects the application, fix the issue and refile.

If USCIS denies the application, fix the issue (assuming it's possible...nearly always it is) and refile.

The overstay accrued won't be an issue for AOS purposes. There are issues if they accrue 180+ days of unlawful poresence and exit the US w/o AP or a green card, but so long as you refile even remotely quickly, even that is not something to worry about.

 

There is no "punishment" for the rejection or denial alone. There are potential issues if they somehow bump into ICE after I-90 expiration and without having an I-485 filed. It's not end of the line, but things get much more complicated and it's not a fun time. This is exceedingly uncommon, especially given the pandemic and ICE priorities during it, but it's not impossible either. So refiling as soon as you can is the best thing you can do.

This isn't to scare anybody. It's just pointing out that having a USC spouse is (literally) not a get out of jail card if ICE does catch you.

Edited May 9, 2020 by geowrian