Adjustment of Status Denied Day Before Interview

[concernedhusband 0]

I am a concerned husband for my out of status wife. We just received notice today that my wife's Adjustment of status based on marriage has been denied. Tomorrow was suppose to be her interview. My wife is from Kenya and I am a US citizen. We currently live together in Missouri. Why did this happen and what does this mean? Here is an outline of our situation:

1. In August 2008, my wife comes from Kenya on a student visa to attend college at Drury University in Missouri. She also obtains employment where I work at. This is the first time we meet.

2. In January 2010, my wife (girlfriend at the time) became out of status due to dropping out of school. We both still are working together at the same place.

3. In July 2010, my wife and I got married. We move in a house together where we have lived since then.

4. In September 2010, my wife gets contacted by an immigration officer due to her being out of status. This is when removal proceedings begin. We are informed that she is to see an immigration judge in Kansas City during May 2011 for removal proceedings.

5. In November 2010, we send out I-485 (Adjustment of Status based on marriage), I-130 (Immigrant Petition for Relative), and I-765 (Application for Employment Authorization).

6. In January 2011, we receive notice that our interview for adjustment of status is on March 10, 2011.

7. In December 2010, we go to Saint Louis for my wife's biometrics. There was no problem there.

8. In February 2011, my wife receives her employment authorization. We start to breathe a sigh of relief because she had been working this whole time illegally due to her being out of status(her paycheck takes out taxes though).

9. This is when things started looking bad. On March 1, 2011, we received notice that my wife's adjustment of status interview had been canceled due to unforeseen circumstances. The letter said we would be informed later of a new date for an interview.

10. Today, March 9, 2011, we received notice on the USCIS website that my wife's adjustment of status case had been denied. It said we would receive a letter explaining why and how to appeal if we wanted to.

We are very concerned right now. We were confused when the interview had been canceled due to unforeseen circumstances, now we are even more confused as to why her case has been denied without an interview ever taking place. We also do not understand how she was able to obtain employment authorization if she isn't able to obtain adjustment of status. We called customer service today and explained our situation, but all they could tell us was to wait for the letter explaining the reason for the denial. Once we receive that letter, I will post it on this discussion board. As of right now, what is the meaning to all this? Did we do something wrong? Or is this an error on the part of USCIS? We have done everything right. I am a college graduate that works and pay taxes. My wife will be a graduate once she can get back into school. She also pays taxes. We have never been in trouble for anything. We just want for her to get her green card so she can get back into school and we can move on in our lives. If anyone can share similar experiences or their knowledge on the matter, we would greatly appreciate it. Thank you for your time.

-Concerned Husband

[Myopia 93]

You are actually posting in the incorrect forum. As your wife entered the US on a student visa, you should be posting in the forum beneath this one. Adjustment from tourist/work/student visa.

[Penguin_ie 5,986]

***** Moving from AOS from Family... to AOS from Student visa *****

OP, you started your AOS after removal proceedings began, this is considered a red flag. In cases like this, I would recommend a lawyer.

[concernedhusband 0]

***** Moving from AOS from Family... to AOS from Student visa *****

OP, you started your AOS after removal proceedings began, this is considered a red flag. In cases like this, I would recommend a lawyer.

I understand that we sent the application out after removal proceedings. But we also got married before removal proceedings. We would have sent the application out much earlier, but we did not have enough money to afford the application fee. Does that play a factor at all?

[Myopia 93]

I understand that we sent the application out after removal proceedings. But we also got married before removal proceedings. We would have sent the application out much earlier, but we did not have enough money to afford the application fee. Does that play a factor at all?

Did your wife have a requirement on her student visa to return back to her home country.

There is a USCIS/ICE directive that allows people in removal proceedings to have the opportunity to adjust their status. You should fall under that category.

Your wife has an Immigration hearing right? The Judge should be able to order her case dealt with but it looks as if you were denied without interview which is wierd.

One of the others with more knowledge of this will post soon, Im sure.

[JimVaPhuong 4,863]

They aren't required to conduct an interview if they find a solid reason to deny before the interview.

The EAD was approved because she's eligible for an EAD while the AOS petition is pending. Approving the EAD doesn't suggest a thing about the AOS petition being approvable or not.

You won't know anything until you get the denial letter and see the reason they denied. You'll have a narrow window of time (less than a month) to file a motion to reopen the case. The form is I-290B, and the filing fee is $630. Your motion must address the specific reason that they used to deny the AOS, and it must include NEW evidence. If you don't specifically address the reason they denied, or you send evidence they've already seen, then your motion will be denied. This is your last best chance to get this rectified. If this fails then you're going to be dealing with the immigration court, the BIA, and ultimately the federal appeals court system. If you think AOS was expensive, wait until you have to pay an attorney to represent you in a federal appeals court.

I highly recommend you find some way to pay a very good immigration lawyer to prepare your motion to reopen, and that you work closely with the lawyer to ensure that everything you send is accurate. This is no time to hold back. You're going to need to send the very best evidence you've got, and as much of it as possible.

[Krikit 1,163]

This website is specifically geared toward immigration problems:

Immigrate2US - Removal/Deportation Proceedings

Also, here are some informative links:

The Removal Process

Forms of Relief

Right to Notice in Removal Proceedings

Good luck.

I am going to move your thread from the AOS From Other Visa forum over to the Effects of Major Changes Forum.

[katiemanny 64]

One question, Did your wife go for her hearing in front of the judge in Kansas City before sending in the AOS papers? failing to appear for the hearing can really hurt her chance of winning the battle.

Edited March 10, 2011 by katiemanny

[Haarp425 26]

At this time, you would need an Immigration Lawyer to represent your wife to the deportation hearing on May 2011.

Find a good lawyer and check those lawyer that they recommend.

IHMO, talk to a lawyer and make sure that you feel comfortable with the lawyer and ask question and see how they treat you.

Ask your lawyer what is their strategy is going to be. Try to find out from your lawyer if they know what they are doing and see if they are willing to talk to you about their strategy. Some lawyers care for their clients and some don't. There are some members here in VJ that were taken advantage by lawyers.

You and lawyer can appeal the I-485 denial. Since she is going for the deportation hearing, your lawyer can request the immigration judge to get your wife's GC instead during her deportation hearing if she has an approved I-130 and then request to close the deportation order. Anyway, your immigration lawyer will tell you your strategy.

[Brother Hesekiel 2,235]

1. In August 2008, my wife comes from Kenya on a student visa to attend college at Drury University in Missouri. She also obtains employment where I work at . . . . We have never been in trouble for anything.

Hmmm . . . how did your wife obtain employment with a student visa? What did she state regarding her immigration status on the I-9? Maybe here is the answer to your question.

[Krikit 1,163]

Hmmm . . . how did your wife obtain employment with a student visa? What did she state regarding her immigration status on the I-9? Maybe here is the answer to your question.

Student visa holders are allowed authorized employment.

[Harsh_77 716]

Student visa holders are allowed authorized employment.

Nope Students are only allowed to work on campus 20hrs per week - unless they have special authorization.

If your wife did not have authorization and she was working out of campus, she became illiegal since then.

Your Bio and EAD went thru as the dept had not synced up on her removal procceding, until that point they were treating her as normal application.

She only got denied when they found out she has removal procceding going on.

They can deny you based on that itself, they do not have to wait until the end of hearing.

So you will have see how it goes with the judge in May.

[AlexJane 2]

I am a concerned husband for my out of status wife. We just received notice today that my wife's Adjustment of status based on marriage has been denied. Tomorrow was suppose to be her interview. My wife is from Kenya and I am a US citizen. We currently live together in Missouri. Why did this happen and what does this mean? Here is an outline of our situation:

1. In August 2008, my wife comes from Kenya on a student visa to attend college at Drury University in Missouri. She also obtains employment where I work at. This is the first time we meet.

2. In January 2010, my wife (girlfriend at the time) became out of status due to dropping out of school. We both still are working together at the same place.

3. In July 2010, my wife and I got married. We move in a house together where we have lived since then.

4. In September 2010, my wife gets contacted by an immigration officer due to her being out of status. This is when removal proceedings begin. We are informed that she is to see an immigration judge in Kansas City during May 2011 for removal proceedings.

5. In November 2010, we send out I-485 (Adjustment of Status based on marriage), I-130 (Immigrant Petition for Relative), and I-765 (Application for Employment Authorization).

6. In January 2011, we receive notice that our interview for adjustment of status is on March 10, 2011.

7. In December 2010, we go to Saint Louis for my wife's biometrics. There was no problem there.

8. In February 2011, my wife receives her employment authorization. We start to breathe a sigh of relief because she had been working this whole time illegally due to her being out of status(her paycheck takes out taxes though).

9. This is when things started looking bad. On March 1, 2011, we received notice that my wife's adjustment of status interview had been canceled due to unforeseen circumstances. The letter said we would be informed later of a new date for an interview.

10. Today, March 9, 2011, we received notice on the USCIS website that my wife's adjustment of status case had been denied. It said we would receive a letter explaining why and how to appeal if we wanted to.

We are very concerned right now. We were confused when the interview had been canceled due to unforeseen circumstances, now we are even more confused as to why her case has been denied without an interview ever taking place. We also do not understand how she was able to obtain employment authorization if she isn't able to obtain adjustment of status. We called customer service today and explained our situation, but all they could tell us was to wait for the letter explaining the reason for the denial. Once we receive that letter, I will post it on this discussion board. As of right now, what is the meaning to all this? Did we do something wrong? Or is this an error on the part of USCIS? We have done everything right. I am a college graduate that works and pay taxes. My wife will be a graduate once she can get back into school. She also pays taxes. We have never been in trouble for anything. We just want for her to get her green card so she can get back into school and we can move on in our lives. If anyone can share similar experiences or their knowledge on the matter, we would greatly appreciate it. Thank you for your time.

-Concerned Husband

Call a live person to make sure,,,that web (uscis) is not always correct. My wife is already here,,,yet the web site still says awaiting RFE response.

[Krikit 1,163]

Nope Students are only allowed to work on campus 20hrs per week - unless they have special authorization.

That's exactly what I said.

[concernedhusband 0]

Thank you all for the replies. My wife and I greatly appreciate it. We haven't received the letter yet, but hopefully it will come in tomorrow and I can share what it says. It has been said that the possibility of my wife being denied adjustment of status is because she is in removal proceedings. If that is the case, then I find that very discouraging. When my wife was contacted by an immigrating officer back in September 2010, she came to him voluntarily. We hadn't sent the application yet because we did not have the money for it. We asked this immigration officer if these removal proceedings would affect my wife getting an adjustment of status once we sent in our application. The immigration officer told us that it shouldn't and that he has seen lots of people get adjustment of status that shouldn't have. He also told us that our court date in May would be dropped once my wife got her adjustment of status. If my wife didn't get adjustment of status because she is in the middle of removal proceedings, I feel like she has been lied to. It isn't fair. She never tried to hide. She turned herself in voluntarily. We sent the application out once we saved up enough money. Now we find out we might have to hire a lawyer and fight this battle in court. This is crazy. I am just a recent college graduate getting ready to go to grad school. I have no idea how I am going to pay for all this. Is it possible that when we see the judge in May that he will give my wife adjustment of status once he sees all the details to our case? We just want to be past this. We are very worried. Again, thank you all for your responses.