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were you able to renew your passport here or in the phils? if in the phils, did you have any problems on thew airport or plane you used or your entry to phils?

DHS policy is that they won't initiate removal proceedings against someone who is clearly eligible to adjust status. Someone who has applied for adjustment of status and been denied is no longer clearly eligible - they've already been determined to be ineligible - and they are deportable.

If she doesn't contact USCIS and doesn't show up for the interview then her AOS will be denied, and she will become deportable. If she withdraws her AOS application then she will remain eligible to adjust status, as far as USCIS is concerned, because no decision has been made on an AOS application from her. She won't be deportable.

She'll get a three year ban for her accumulated overstay. The ban goes into effect the day she leaves the US.

my friend says thank you... also, she's thinking of attending the interview now even if she goes alone. what she has for evidences are as follows:

1. copy of february 2011 rent of house (that is different house they are staying, they are just maintaning the rent coz it's their vacation house)

2. copy of february 2011 electric bill of that vacation house

3. 2 congratulation cards in their wedding

4. medical and dental insurance

5. bank joint account statements

6. pictures from wedding and some vacations

7. copy of tax for 2010

are those good enough? or anymore suggestions? that's all she has.

Actually yes they can and do quite often. As she has applied for AOS and it is being withdrawn, and thus her method for AOS then she is deportable. If she had never filed for AOS she would have gone before an immigration judge who would have given her the chance to AOS. The OP's friend has already tried to AOS. Given the AOS withdrawal and her overstay she would be best leaving ASAP to avoid deportation as she will be on their radar.

what do you suggest she do? missing the interview will make it a no show and making her deportable... so if she leaves on the 24th, does she need to contact uscis? or just send a letter withdrawing aos and stating she leaves 24th? that sounds reasonable.

What is her husband saying? Has he made a move to witdraw his Affidavit of support? He might still be interested in the marriage but just wants to let his wife know he is the person to make her a US citizen at this time.

On the other hand, if she is not interested in marriage but still has interest in being in the US. She would have to let the USCIS know about the situation in their marriage and her intention to leave the country.

But if she wants to stay, the USCIS do not the power to deport her as she is still a wife to a US citizen...The rest is the story of someone without a GC...you know what I means?

she prefers to go home rather than stay here and live miserable. she doesn't know anyone in her place. she went here for the marriage and she wants the marriage to work out but it's like it's hard for them. her husband said he is not going to withdraw the affidavit of support and just leave after missing the interview.

Some others who are more well versed in the AOS process can speak to this, but I don't think it is correct to say that she can't be deported because she is the wife of a US citizen. If at the AOS they determine that the marriage is not legitimate then they can begin deportation procedings even though the marriage is legal on paper. What I don't know is if they both entered in to the marriage with good intentions but it just isn't working out, what will happen at the AOS. Someone who has been through or knows about this can chime in with better information.

yes, they entered marriage in good faith after i think near 2 years or 2years of dating and it is not just working out now.

Yep, overstay started when i-94 expired, and was put on hold when I-485 was filed, in this case even filing an I-131 for an AP doc would not have prevented a bar on entry on a trip while AOS was pending.

They WILL have a 10 year bar if AOS denied, or no-show the AOS interview.

so after the 10year ban can she only apply for a new visa... thank you very much!

Correct, unless there was an overstay prior to filing the I-485, then that period counts.

this should be the time the I-94 expires til the day of AOS application? I-94 expired April 2010 and AOS sent on February 2011.

I always want to help in this kind of situation. I am worried because a lot of us don't understand marriage...and I do not want any of them to have an impression that one is being favored by one...It is hard to believe that after spending money getting ur wife over to the US, then u decide to take her back to her country...Something is wrong! Is either ur wife refused to hear simple instructions given to her by u or the man in question is a monster and a looser!

The consequence is that even when they have her back to the US again with another visa, she will never get passed change of status...unless....

all i know is there's an age gap and no socialization happening to my friend. she doesn't go out, doesn't drive. practically no life here in the US. and she told her husband about it but doesn't listen to it. it's hard for her to adjust life here in the US. no friends here except for some of us she already knows but since we are far from her, it's hard too. her husband is not that sociable with other people too.

USCIS would send a letter notifying the applicant that their AOS has been denied, and that they have 30 days (usually) to file a motion to reopen the case. If they submitted the I-485 before the I-94 had expired then overstay would begin on the day USCIS denied the AOS. If they submitted the I-485 after the I-94 expired then they already have some overstay time - the number of days between the expiration of the I-94 and the day the I-485 was accepted by USCIS - and overstay would resume accumulating on the day the AOS was denied. In either case, it's a virtual certainty that a K1 who files for AOS will be out of status and accumulating overstay beginning the day the AOS is denied.

Again, the overstay doesn't come with an automatic ban from the US unless they've accumulated more than 180 days of overstay.

She's going to be complicating things if she just leaves without notifying USCIS. It could be a long time before they become aware that she's left, or they may never become aware of it. They might send the denial letter, and then 30 days letter start removal proceedings, and maybe even eventually deport her in absentia. This would be a huge mess to try to explain later if she decides to apply for a tourist visa. It would be much better if she withdraws the I-485 and explains that she will be leaving on the 24th. This may result in a few more days of overstay, but it should avoid the whole deportation mess.

thank you very much... well, she will have overstayed then by 10months then because the I-94 expired April 2010 as she said and they sent AOS February 2011. does it mean she can't enter US by 10 years? seems like her only option now is for them to go to the aos interview.

If she misses the interview without informing the USCIS and leaves the country...the has abandoned her change of status...and that come with a great consequence...What is the problem...Can't the husband go to the Interview with her?

no, he doesn't wanna go. plus, she doesn't want to lie about their situation now. what consequences are those?

If she's not going to the interview then she should send a letter to USCIS and withdraw the I-485. She should explain in the letter that the marriage is not working, and she intends to leave the US on the 24th. Yes, she will have overstayed. As long as the total overstay was less than 180 days then it won't result in an automatic ban from the US. Deportation, on the other hand, will result in a ban.

So if she misses her aos interview, she is automatically overstaying the day of interview?

what happens if you miss aos interview? i mean the process... uscis sends a letter that you are a "no show" and starts your deportation?

If overstay, typically overstay time starts at the point of AOS decision, if more than 6 months then a bar on reentry happens.

If deported, it can cause problems on future visa applications

Does this mean that if she misses her interview on the 20th, and leaves US on the 24th, she has not overstayed?

thanks for the answers... her husband is not willing to undergo counseling. also, she plans on going home on the 24th so she can have her school papers squared away.

will she have overstayed here if she missed her interview? what happens if she was deported? will she be able to come back in any visa other than the spouse visa?

My friend will have her interview on the 20th June, which is next week. But until now they have not prepared the documents needed for the interview since they are not getting along with her husband now. She does not want to go to the interview if they are not in good terms because she does not want to lie and she is not good in lying. Also, he already bought plane tickets for her to go home on the 24th. the questions are:

1. if she is going to reschedule the interview, will she need to say that they are not getting along with her husband now?

2. if she is going to miss the interview, what will happen to her? will she be deported?

3. if she missed the interview and went home on the 24th, will she be able to come back here on any visa if she plans on going back? can her husband request her for a CR1 or K3 if they worked out?

she wants her marriage to work, but seems like it is not. so she thinks going to the interview is a good thing. she wants to stay here but she admits there's no way to stay here. rather than to be illegal here, she rather wants to go home.

their timeline: jan.28, 2010 - poe

jan.29, 2010 - wedding

feb. 2011 - aos sent

may 2011 - bioemtrics

btw, she came on K1. thanks everyone!

hi vjers

well, i wanna ask about the ap. my husband is still waiting for his tex return from his accountant. it has been a month now that we were waiting for it. but we just heard from him that he's still working on it.

now, i need to go back to my country since i need to get my school documents so i can work here.

the question is, is it possible for me and my son to apply for AP even without AOS application yet? will it be a problem for me to use the AP without AOS application? i will need to stay in my country like 4-5months. will it be a problem?

hope you can enlighten me.

thanks

so meaning...

A#, Alien Registration number and File number are just but the same things?

just clarifying things out... thanks!

hi guys,

quick questions...

FORM I-131

do i need to put the date of intended departure and expected length of trip? i don't know when to visit my family and if anything happens and for emergency purposes that i need to go back there.

thanks VJers!

thanks guys!

came here on K-1 visa...

hi there...

i have some questions about the for g325-a

1. what is file number and where do i find it?

2. what is alien registration number and where do i find it?

also, do i need to pass the I-130 form? others says i need to pass it, but others says not to.

lastly, how many days will i be allowed to visit other countries after i have the parole or temporary green card?

thanks to you all!

God bless!

hi again guyz...

we had our appointment today at 8:15am. we came there at 7:30am so we waited fo like 30minutes. window 1 opened up at 8am so we were the first to come in line and finished our appointment before even 8:15am. new orleans

we greeted the lady in window 1 and she aked what we need but fist asked for the appointment letter, any ids so i gave her my passport and my son's passport. i told her we were here to get clarified with the process of getting a green card, how do we do it. so she said first you need to be married within the 90days indicated on the I-94, are you now married? we said yes. then she aid, ok, now you need to pass adjustment of status forms so you can get temporary green card. then my husband said, see? i told you! i mean, what the...?

then the lady continued, i cant say when you will actually get the temporary green card because it depends on case to case, can take for months some even years but what i know of runs life 2-6months usually, but as i have said, depends on the case. but the temporary green card will work for 2yrs, but befoe the 2nd anniversary of the green card issued, you need to apply fo the permanent geen card, if you are granted for the permanent green card, it will work for 10yrs. but, do you want to become a USC? i mean citizen of US? i said maybe, i will see. she said ok, so then maybe we can bother with that later (and explained)...

i asked my husband, so are you clear now? maybe you can enlighten your inspector, and not yell on me anymore.

he said yeah, but i didn't say you were wrong. i told him, oh yeah, you didn't even wanna read the VJ site because it's #######, it's been my help ever since we got married. he just shut up then. and he said im sorry. now im happy. that's what i wanted him to know and so i believe he was really stand corrected and he admitted he's wrong... but i don't know with that really because he claims that he believed me somehow. with all the yelling and all the bad words he said to me he claimed that he believed me somehow. ugh!

but now im happy so hopefully soon i can send my AOS and also my son's.

hi

tomorrow is our infopass at 8:15am. i will update you guys with what happens and what the officer tells. hopefully my husband will get clarified. that will also give him the chance to ask questions to the officer about things he needs to be clarified.

i told my husband he could hve not agreed at first before we went to the civil surgeon. all were doing well until thelast time that "his inspector" told him a different information.

take care everyone!

I feel really bad for you, because clearly your husband isn't supportive of this process and doesn't even want to listen when you logically explain what you need to do? Does he really want to jeopardize your life here? Does he understand that right now you really don't have a status per se, and thats why you need to adjust status? I mean, I really don't know what to say if he is hell bent on rejecting any idea presented to him. Did you get a handout at the consulate when you got your visa? That probably explains the process, and he can't try and refute something that was given to you by the government. Or tell him to to go the USCIS website. Tell him to pull his head out of his ####!!

i hope he will not jeopardize my life here, i'd rather go home then, hehe. but yes, he doesn't wanna listen, just even a little respect though, he's pointing fingers to me too when telling me those words. yes, i showed him my small handbook too from my country, and he said what am i gonna do with that? i am not gonna read it. showed him the I-485 instructions and readings from USCIS, he still doesn't wanna read. that's why I said, i'll go get an infopass on uscis and go talk to an officer there, he said what's an infopass? i told him, you could have known it if you just tried to see at the uscis website' it's setting up appointment so we can go to their office and talk to an officer there. he said i've been to uscis website before when i filed your K1. and i told him but you never ran across or scan the AOS process. geez!

i really hope on monday he'll be clarified.

Hi...Sounds like you guys been arguing about this huh hehe....

All the answers you got above are perfectly clear!

You entered the country as a K-1 visa holder, gotta get married within 90 days before the visa expired which is you did

After you got married, you ADJUST your STATUS from K-1 visa holder to US Permanent Resident (to be a Green Card holder).

Along the process after you sent in your Adjustment of Status (AOS) paperworks, you will have to do Biometric (they will send you the Biometric Appointment notice in mail), after that normally you will receive your EAD card (working permit card, if you applied it together with your AOS paperwork), and then there will be your AOS interview appointment comes in the mail (if you lucky, you might not will have an interview, but for temporary Green card, thats pretty rare).

After the interview, they usually tell you the result right after the interview or they will notify you later.

When you are approved, then you'll receive your TEMPORARY GREEN CARD that valid for 2 years, within 90 days before it expires, you will need to Remove the Condition by applying Removal of Condition (ROC) which is if its approved then you'll be given the 10 year Green card ( the permanent one).

And one year after you have your Permanent Green card, you are eligible to file for Naturalization (to be a citizen).

One thing here that your husband MIGHT meant by adjusting status is Adjusting status from Permanent Resident to be the US citizen, because he said, after the temporary green card, then Permanent Green Card, and then Adjust Status right? But THERE IS NO Adjusting status from permanent resident to a citizen

Maybe this is too confusing hehe...

Alrighty, hope you and your husband wont have an argument about this anymore...oh and by the way,please tell him VJ isn't a #######!! In fact, he needs to read this site so he wont get confused anymore

Best luck you guys!

hi

yes, i asked maybe he meant by adjustment of status was the naturalization process. he said, no and where did you get that? we were not talking about it! i told him, yes but i was thinking that's what you meant by AOS. i was trying to show him VJ site but he just stopped me, he's wild.

thanks for the replies...

yes, i explained to him from start to finish the proce of adjustment of status and from there the temporary green card will start. he really would not believe me. he refused to read the forum even. i don't know what to do with him. i hate it when he yells. ugh!

hi VJers

i just wanna clarify something out. isn't it true that you need to adjust status so you can get the temporary green card then the permanent green card? my husband doesn't believe me and asks why jump to adjustment of status if you dont even have your temporary green card yet? i told him my status here is K1 and since i married you that gives me the chance to adjust my status here to beome legal resident here. then he said so you are saying that my inspector is lying to me? (because he said his inspector told him to get the temporary green card first, then the permanent green card then adjust status, because that's what they did with his wife). i told him that i have been doing research here at home in the internet since i am tuck here because i am not adjusted here yet to my status. i won't be staying here in the house all day long if i already have adjusted and have my green card. he said how can you get adjustment of status if you dont have even the temporary green card? my goodness!

i told him, look! (pointing out here on VJ site), i have been reading and posting discussions here to clarify my doubts and i believe these people are really helping me out and they all go to adjustment of status first before they get their temporary green card. he said, i dont believe that blog, it's a #######. then i told him, ok, we go to uscis office and ask ourselves. i can't believe you don't trust me with what i do and what is right, you don't even respect it. and he said more, he said greencard and work permit are the same, i said no, because green card is the proof that you are legally ok here in the US as a resident and yes it does give you the permit to work. the work permt just gives the permit that you can work but that can;t mae you a legal resident here in US.

i am sorry for the long post, i just wanna express my feelings i really cried because i feel like he doesn't trust me.

i hope i can get clarified with this. we set up an infopass monday at 8:15am here in metairie louisiana.

thanks guys!

VJ rockz!