Becci391

How many posts is this now this week alone about when to file for AOS, how to file for AOS, or do we need to file for it? Seems like an awful lot.

That's what the K1 visa is for.
You have an authorized stay after you applied for AOS until a decision is made.

That's what the K1 visa is for.
You have an authorized stay after you applied for AOS until a decision is made.

No. After you have your marriage certificate.

The visa becomes invalid as soon as you get checked by an officer at the airport.
You do not leave the US. You stay here and wait for your work permit and Green Card.

Looks like that you have to set up a new petition for your parents again.

Looks like that you have to set up a new petition for your parents again.

Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 
I suggest you also get a cup of tea, as this is a long one......
 
 
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
 
 
 
 
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
 
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
 
 
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court)  ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
 
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
 
 
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish  - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice. 
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case. 
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO. 
 
 
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS  https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
 
And Genco Opinon 96-12 itself:
""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996 
 
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR

Office of the
General Counsel

I. QUESTIONS

The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?

2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION

The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.

Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.

III. ANALYSIS

Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1

The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.

The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.

Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.

However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
 
 
 
 
 
Still with me? Good. Get yourself another cup of tea.
 
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this. 
 
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you. 
 
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
 
 
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
 
 

I think at this point you need to ask yourself if you want to be resident of US or Australia. 

I'm sorry to say this but there are statistics that show that people who are ( originally) from African, Muslim or Asian countries have a higher chance to get their visa denied because those countries are known for visa/ Green Card fraud.
 
No need to teach me about my country since Germany is not known for frauds like that so I'd appreciate you not to saying anything unless you know what you're talking about.
 

I'm sorry to say this but there are statistics that show that people who are ( originally) from African, Muslim or Asian countries have a higher chance to get their visa denied because those countries are known for visa/ Green Card fraud.
 
No need to teach me about my country since Germany is not known for frauds like that so I'd appreciate you not to saying anything unless you know what you're talking about.
 

It's a lot to ask a solo female to travel with a toddler and a 5-mo old. 
 
After 2 denials.. looks like time for you to visit your nephew

It's a bit suspect that as soon as the new baby was born she wants to go visit the US again, makes it look like they are all planning to move to the US for good.

Yes, well, you're not the only one.
Many of us wanted to have our families attend out weddings but we followed the rules and sucked it up.

My suggestion is to not waste money on a lawyer.
 

While I don't personally like AOS from within the US and wish it would go away..., it's past that point now. Intent was determined at entry with immigrations so, OP is fine.

I don't see any harassment. I just see warnings to others as to why they should avoid getting to the same point, and pointing out the risks involved.
 
I'm glad she never had anything to worry about.
I'm glad there there was no way you could have become sick, injured, or worse.
I'm glad there was no way she would need to travel abroad in 5+ years.
I'm glad there was no way you would break up.
I'm glad there was no way she could have had an encounter with ICE.
Having so few worries is a wonderful thing.

Thanks for sharing your story. I'm sure it will be reassuring for those who are in similar circumstances and filed AOS late (not just everybody telling them it wouldn't be an issue already).
 
That said, it does need to be made clear that it is very unwise to wait so long to file for AOS:
Inability to work or travel abroad (and return). Emergencies do happen. Luckily none happened in your case. Being out of status (91st day onward) is never a good thing. She never got caught. Not everybody is so lucky. Even if ICE doesn't pursue removal proceedings, the detainment and followup experience is quite unpleasant. And costly if they do issue an NTA. Had your marriage not worked out, she would have no means to stay in the US and also have had a 10 year bar upon exit from the US. It's irresponsible to risk putting somebody through that. Nobody plans for a marriage to fall apart, but leaving somebody in that position in case it does is not a good situation. Delayed eligibility for citizenship.

I would not want to promote false security.  The truth is that are no benefits in delaying filing for adjustment of status.  I am sure it was certainly not pleasant for your wife waiting so long......... a K-1 immigrant who waits until after his/her I-94 has expired is unlawfully present in the US and subject (technically) to deportation.....
Congratulations.............

Noch 2,5 Monate bis ich mein Removal of Conditions wegschicken kann.

The good thing is you got your green card. There is no difference in opportunity 10 years green card can give as against 2 years. The only difference is you get to apply in 2 years times for the 10 years. That is not a big deal. I dont see why you complaining...

We had a courthouse wedding and actually got married with 4 other couples out in the hallway.
We went to the Cheesecake Factory for dinner afterwards.
There are no pictures of that day. Just great memories.
 
We had a wedding ceremony in late May  of the same year that our families and some friend attended.

I moved from Germany to the US so there was not a huge cultural transition but there were a few things that I had to get used to. Especially here in the South.
There  might and will be some things that he has to get used to and accept that might be uncommon in his culture.
That might be the hardest part.
 

I moved from Germany to the US so there was not a huge cultural transition but there were a few things that I had to get used to. Especially here in the South.
There  might and will be some things that he has to get used to and accept that might be uncommon in his culture.
That might be the hardest part.
 

There will be periods where he is seemingly very happy, and there will be periods where he is seemingly miserable.
Biggest piece of advice I can give you is don't rush him into "assimilating" into American culture, and don't get frustrated if it seems he's not adjusting quickly enough to your tastes (ie. arguments will crop up and it's going to be partly because he's like a fish out of water right now and frustrated).  Remember, this is about him not you at this time.  A lot of USCs come to VJ frustrated because "things aren't working out" and then it's revealed the foreigner has been in the country a few weeks or just a month or so.   Some people come to the US and it takes several months or even YEARS to fully adjust to a different lifestyle, different surroundings, different language, different customs, different cuisine.  Add in that he's away from his friends and family and a bulk of his time will be spent alone while he's waiting to find work/be authorized to work and it can become quite isolating at times.
 
It will take him as long as it takes him---heck, I've been living in the US since 2004 and I still don't feel like this is "home" completely.  And I still regret leaving behind everything at times.
 
Visiting is much much different than living in the USA.  Also remember that everything you take for granted right now is going to be completely foreign to him (no pun intended)...simple things like how to pay on public transit, mailing something from the post office, where to get a great cup of coffee, brand names in grocery stores, etc. is completely different for him now.  So just be patient as you can, and try to start out exploring his new surroundings with him (if you can take some time off work when he arrives).
 
When he gets homesick (and he will), consider taking him out to a great Lebanese restaurant to give him a little bit of familiarity and to celebrate his own culture---familiar food can be very comforting.