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.
AOS Denial and NTA
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
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