AOS Denial and NTA

[Tanner 0]

Hi All,

 

My wife's petition for AOS was denied due to abandonment, specifically we did the interview, and found out we needed a health exam due to a policy change a month before my wife entered the US. That was no problem, we sent it off within 30 days of receiving the notification to send it. Well here we are 6 months later, and we were denied. I am guessing the I-693 was lost in the mail or at USCIS, and we do not have tracking so we can't prove it either way. Hence we can't contest the denial.

 

However as part of this, we have been notified my wife will get an NTA due to overstaying her visa (since a K-1 is only eligible for 90 days, and it has been over a year). We have 33 days for her to leave before it is filed. My question is, is she still eligible for an AOS, and if she is, what happens if we receive the NTA? Would it be more prudent for her to return home to Canada instead and we file a visa for spousal entry? We really do not want that option since we would not be allowed to visit one another.

Thank you for your help

[Crazy Cat 39,182]

Here is an interesting article regarding this subject:  https://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.html

 

 

 

 

 

 

 

 

Tagging for future reference "Tales of the Green Card".

[ThomasNC1988 762]

Either just do a new application or hire an attorney. Everyone's situation is different but I would probably do a new application. May be other options I'm not familiar with.

[Timona 3,931]

2 hours ago, Lucky Cat said:

Here is an interesting article regarding this subject:  https://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.html

 

Tagging for future reference "Tales of the Green Card".

Interesting article. 

 

Following.........though if there's an option to file a new petition,  I'll do that rather than use a lawyer who will eventually cost me an arm and a leg