Kaoticor

I would be interested to know the outcome of the appeal. We had a complex tax situation that gave us an RFE for some additional documentation adjusting from a K1. Trying my best to be prepared for anything, I scheduled an infopass appointment. I very specifically asked the IO what were our options if the AOS was denied. The answer was:

1 - We could refile.

2 - We could submit an appeal with the documents we felt would clarify any last questions about the affidavit.

I could be mistaken, but what I got out of our nice long talk with the immigration offices was that an appeal could be used as a "third" chance to submit documentation. However, the IO told me that filing a new petition was the recommended way, since it could end up being faster, and that you might have another RFE available to you if you accidentally forgot something; NOT likely on an appeal.

Not recommending anything or giving any advice. Just thought I'd share our experience

Well, we just got notice yesterday that my wife's residency was approved (from K1 no interview or transfer, all processed at NBC)... Super excited to say the least. Just thought I'd share a few quick lessons from our Journey that we learned about VisaJourney and the immigration process and best wishes to all you going through this process!...

1 - Thank goodness for Visajourney!!! Use the guides, they are very helpful.

2 - Read instructions for any goverment form CAREFULLY.

3 - Follow those instructions!

4 - VisaJourney forums can be very helpful, but you have to sort through the comments. Some people like to judge, even though they have no idea whats going on, some seem like they just want to show how much (they think) they know, and others think that because they went through the process once without many hassles they are experts and you know nothing.

5 - Be organized and dont wait to take care of anything. And whatever happens, do not play around with immigration, there is little to no forgiveness.

6 - It's true, the USCIS help line knows NOTHING about immigration proceedures. If you dont talk to an officer, dont take any advice from the tier 1 people. They can put in a service request for you, but thats about it.

7 - Start researching well ahead of any form you have to send in, many times there is a lot more work to it than you realize.

Again, best wishes to all going through it or have it yet to come!

By the way, I had another poster tell me that some AOS's are staying at NBC now for adjudicating there and not being transferred anywhere. I would really like to find a source to confirm that information, but thought I'd share.

Thanks for the reply

K

same thing here... been 5 months and still at NBC; no transfer yet. Tried calling and the script readers over the phone had no idea what the normal process is. They tried to tell me I would have my interview at the NBC in Missouri lol!

I see just about everyone has AOS transfer date in their timelines... Is it normal for cases not to receive any notification of a transfer then the first thing they hear is the interview letter? I'm just not seeing how this works on normal flow... I know a lot of cases get transferred to CSC, but if a case wasn't transferred, would it stay at the NBC and not move until you get your interview letter? Or would they send you a notice of transferring to a local office and THEN you get an appointment letter? If someone could answer this I would really appreciate it. Thanks...

Yes from K1, and they recieved response about 4 weeks after they sent it out

Hey guys, does anyone know if this is normal or if I need to start calling?

-We submitted AOS from K1 visa in mid May. Our case is still at NBC and hasnt moved. Does it only transfer right before they schedule your interview, or is that something that usually takes places quickly.

-We did have an RFE for some additional documentation they wanted but that was only about a 4 week delay.

Any comments you guys might have? If it is normal, how long is the expected wait? I hate how the processing times for this is not really clear on USCIS web site I know about the VJ timelines, but was hoping for a little extra info. Thanks,

K

Actually there is no difference at all.

A K1 visa admits the entrant for 90 days. Marriage to the petitioner has nothing to do with status expiry. If the alien marries on day 2, they are legally present until day 90. If they never marry at all, they are legally present until day 90.

At the end of the 90 days, the alien falls out of status. Period.

I've gone and looked at what you refer to, Kaoticor, and I see you are looking at the instrucitons for the form. I would idly note that within the same Section 10 you bring forward, the category of alien listed in F1 is "immediate relative", ie a spouse who needs to file I130. All this section of the instructions does is explain who can file the form. Clearly, either a spouse or a K1 entrant spouse can file.

Anyone who files outside the date of their I94 is out of status. Anyone. K1, B1, J, H, - makes no difference the visa type. Once the I485 has been accepted by the Service, the alien enters a period of authorized stay until the case is adjudicated. Authorized stay isn't a legal status. It's a privilege granted by the Service which protects the alien from removal until the Service can get around to that alien's paperwork.

Good point on the F1. I'm going to look around and see if I can find the law on that for more specifics, but it would seem you are right according to that wording.

She is no more out of status than any K1 entrant who files outside of the 90 day window.

Actually I think there is a difference. A K1 entry has a provision for them in the I-485. Point 10 sub point F2 on the I-485 specifically makes a provision for K1's who married within 90 days regarding being "in-status".

Just for clarification on earlier posts, the I-864 cannot be withdrawn after the intending immigrant succesfully adjusts status (mentioned on the I-864 form itself). When they become a permanent resident, the obligations on the original sponsor will continue until releasing of that obligation by the situations the instructions mentions.

Hey just thought I would add one more point: if you filed for an extension, you have to include the a copy of that tear-off from the extension filing (If you filed an extension that is). If you filed your I-485 before the filing date cutoff, I don't know the extent that this applies.

I-864 instructions state: "If you were not required to file... attach a written explanation including evidence of the exemption..."

Unfortunately, you have to include proof of everything with matters like that. Although they will usually issue an RFE for missing documents like that... Like you said, going to have to see what letter says! Best wishes again.

FYI I actually asked about this at an infopass appointment, what happens on a K1 AOS denial.

The officer told me as follows:

It depends on the denial reason. One of the main causes for denial of AOS from a K1 entry and marriage is I-864 documentation problems. If that was the reason for your denial, or a simple case of missing vital documentation, the IO told me we should be to either file the motion to re-open or refile the I-485. She recommended filing a whole new I-485 application, even though it is about $400 more money. The reason was, is you probably won't have as much lattitude as you would in a motion to re-open. Whatever would happen, she said you would need to file quickly (within 30 days of the denial), since doing so will avoid them putting you in to removal proceedings.

If you were denied for some other reason, perhaps one of the answers you checked on the I-485 that would make you ineligable, then it might not be possible (or if you weren't married within 90 days, but you said you have this covered so no worries there). But again, it all depends on the reason.

I'm not recommending any course for you, but just wanted to share what the officer told us at our infopass apointment. From what I understood from the immigration officer, you should be able to refile immediately if it was a technicality and not a reason that would make your permanently ineligible. I am sorry to hear of your situation, keep your head up and hopefully all will go through!

This is a VERY BAD advice. Please, refrain from advices if you do not understand anything. Oversatay is easily wavable under these circumstances. NOT FRAUD!!

I agree that advice shouldn't be given if someone doesn't undstand it, and it is good to know as much facts as possible in OP's situation. If you notice, I didn't recommend anything, only said I "would hope that wouldnt present any problems". Also about the waiver, I comment on that because my family has gone through the I-601 waiver process. It is NOT an easy procedure, legally, or emotionally. Anyone who hasn't gone through that process that tells you otherwise does not know what they are saying. Some people might have an easier time proving it than others, that is true. Also, statistically, you are correct, there could be a decent chance of an approval depending on the consulate. But there might also be very good chance it wont be approved. Would someone take a 50% chance at CBP? Would they take a 50% chance at a I-601? Up to the individual to make that choice.

Yes, I 601. However, it depends on circumstances. Under these circumstances easily done and approved.

Yes, K1. I saw this OP post before. It is K1 adjustment.

Hello all, this my first post-been reading a lot and have a question about my wife's case. Please respond if you or someone you know has been in the same situation (not likely though as I'm seeing everyone's case is unique).

My wife and I had our marriage based AOS interview on Monday. Our lawyer told us that the IO would have a decision on the case at the end of the interview, so my wife had a ticket to leave the country that same day, as we were not really worried about not passing the interview. Turned out name checks hadn't all gone through, so they approved the I-130 but said final approval and the green card would come in the mail. She did not get a stamp on her passport, and she did leave that day. On Wednesday, I checked her application status online and it said that the I-485 was approved and the notice was sent on Tuesday (day after the interview/her leaving). The plan was that I would mail her the green card when it camr so she can get back in the country. Now it's looking like that might be a problem. She did not have AP and was out of status when she left. Will she not be able to get in with the green card? I realize that her leaving may have triggered a 10 year bar and may have caused the AOS application to be considered abandoned, but if she has the green card in hand when she comes back won't that be ok and since she was approved the negatives wouldn't count?

If anyone has had a similar experience, please do not hesitate to reply. Any info is tremendously appreciated!! Thank you!

This is the OP's original post. Note he says "they approved the I-130" . Am I missing something here?

There is no overstay. They were applying for AOS as far as I understood... In addition it is easily wavable.. Not fraud..

They are not adjusting from a K1. It appears (unless I misunderstood his original post) that he applied for a I-130.

Not totally true. A waiver would have to be filed for ban..... If one actually occurs...!

If you are referring to the I-601, that would require a whole other process for proving extreme hardship to the US citizen if she was denied entry. Unless you might be talking about something else? And a non-resident has no choice in the matter: if you overstay the specified time period, there is a ban, unless a waiver is filed and approved.

I cannot advice you what to do. However, you have to be aware of possible repercussions. There are 2 ways:

1) You can re-apply now for CR1. Will take about 9 to 11 months. Pretty much 100% chance of getting it...

Umm... I dont believe CR1 will do any good since overstay has already accumulated and now she is inadmissable for an entry visa. But like others have pointed out, if she physically returns with green card, I would hope that wouldnt present problems. Guess we'll have to wait and see if OP ends up posting result or not.

I think the contract you sign for the AOS is pretty specific about the fact that there are only 3 ways to get out of it:

-He dies.

-He leaves the US permanently.

-He becomes a citizen.

Also it seems from what you're saying that it's not like he got GC and wants to leave now that he has it but he wants others to support him or he leaves. Is that an ####### move? absolutely! but i'm not sure it's immigration fraud.

Don't forget about accumulating 40 work quarters!

Having a copy of the extension he filed wouldn't hurt either.

Your calculation is incorrect. You need x5 the assets to overcome lack of income, not just enough to cover the poverty line.

Please explain as I dont understand.

1. The Poverty Guidlines are $23,862

23,862 x 5 = $119,310

2. His income tax is -$20,000

$20,000 x 5 = $100,000

$119,310 + 100,000 = $219,310

That is 5 times his income tax numbers plus the poverty guidlines. Where is the mistake?

Hi all,

I was wondering if anyone had experience with the I-864 in the case of being self-employed and showing a negative number on line 22 for Total income, but overcoming everything with assests only. This is for a joint sponsor: I found some posts on this in the past, but people never posted the outcome!!!! Would any of you have experience with this???

Here is an example using some made up numbers (for the joint sponsor):

1. His tax return shows a negative $20,000 total income for last year.

2. Poverty guidlines for his situation plus sponsoring immigrant is $23,862 for this year.

3. For this to be overcome with assets, he has enough to overcome the -20,000 and the poverty guidlines ($23,862). Combined this equals $43,862.

4. If he can show proof of assets exceeding $43,862 by 5 times (or $219,310), it would seem this would satisfy the requirement.

Am I missing anything or has anyone had specific experience with this? Any comments would be greatly appreciated. Thanks.

My wife is from Dominican Republic and I did all the paperwork myself.

1. It takes quite a bit more time to do it yourself. You save money, but it does take time.

2. I prefer spending the time on it, because I know what is going on with MY life. If there is an error, it's not going to be because someone I was paying forgot to do something and now I'm stuck with immigration penalties. I think this is one of the best benefits of doing it yourself, is you actually know what's going on through the process.

Best Wishes!

How about this situation. He shows a loss of -$20,000 on last years return, so instead uses assests to joint sponsor.

(This is of course, with all supporting documentation proving the assests)

If his assets exceed the difference of -$20,000 and the poverty guidlines for a household of 3 which is $23,862 for this year, then $43,862.00 x 3 = $131,586.00 is what he would have to show to qualify to co-sponsor the full amount?

Am I missing anything?

Thank you for your feedback