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Filed: Country: Canada
Timeline
Posted

I had posted this in another thread but it's getting buried down the list so I thought i'd start a new topic...

Hi everyone

So I have submitted the evidence that was requested at my interview (everything but the health insurance- it would be insanely expensive for me to be put on my husbands plan,so i'm going to get my own)

My question is, what happens if I am denied? I don't see why I would be, but these things aren't gauranteed. I just want to be prepared for that possible outcome. Would I have to leave the country in a set amount of time? Stay and appeal or re-apply?

I took a risk by registering at a school (not a college)and unless I receive an approval by jan 3rd, I'll be paying a portion of my tuition with the risk of a denial and won't be able to get my money back from the school. Yes,I should wait but given the chances are greater that I will be approved, I wanted to register for January classes instead of having to wait another 6 months for the next registration period.

I'm trying to think positive about it but was just wondering what happens next IF I am denied? Thanks....

11/22/06- entered US as a visitor from Canada

05/04/07 -married

06/28/07- AOS/EAD/AP- mailed

06/29/07- package received

07/09/07- checks cashed

07/10/07- NOA1 for I-130

07/12/07- NOA1 for AOS,EAD

07/12/07- biometrics letter received

07/13/07 -rfe payment for I-131 ,wrong amount

07/14/07- touched-485 &130

07/17/07- rfe sent for I-131

07/21/07- rfe for W2s/tax info..guess they lost it

07/31/07- biometrics appt

08/01/07- EAD touched

08/07/07- rfe sent for 485

08/10/07- rfe received,485 processing resumed

08/22/07- receive letter for interview 11/20/07

08/25/07- AP approved and received

09/07/07- EAD card received

10/17/07- received SSN (took about a week after applying)

11/20/07- Interview- more evidence requested

12/14/07- Evidence submitted.....waiting...

12/26/07- Approval notice sent/ Card production ordered

Filed: Other Timeline
Posted

If you are denied, you would file an in-country waiver. (I-601) This can take many months (over a year) and it is very difficult to obtain an approval.

You would wait in the country and would not have to leave (and shouldn't!!) while you are waiting for a decision.

I wouldn't stress yourself out though worrying about all this. (I know you probably can't help it but try not to.)

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

Filed: Timeline
Posted

The appeals process takes a long time, up to years. So that would be your next step, to file a waiver. The visitor/AOS route was risky anyway. Getting married on a visitors visa gets you scrutinized harder and there are more requirements. It would have been a good idea to sign up for health insurance even if you cancelled it later. The idea is that you do not become a risk of public burden. Good luck tho.

While your waiver is being processed, you absolutely cannot and should not leave US soil. If you do, then you cannot come back until your waiver is approved. So, if denied, you can still attend your classes, but until you get your waiver approved they will treat you as out of status and ineligible for re-entry, even though they will not make you leave.

Filed: Country: Canada
Timeline
Posted

Ugh...sounds aweful. Well,all I can do is hope for the best. I know I probably don't have anything to worry about,but I also didn't expect to have a problem at the interview either.

In regard to the health insurance- I did include a detailed letter with my other evidence,which included a copy of an email from my husband's insurace company quoting the premium. It would cost us over $700 a month if I was added to his plan. I also explained that I am in the process of looking for work and being selective by finding a company that offers medical benefits,or i will otherwise get my own individual plan for which i have received quotes way,way cheaper. So,hopefully my letter explaining will help.

Anyway, thanks for the info!

11/22/06- entered US as a visitor from Canada

05/04/07 -married

06/28/07- AOS/EAD/AP- mailed

06/29/07- package received

07/09/07- checks cashed

07/10/07- NOA1 for I-130

07/12/07- NOA1 for AOS,EAD

07/12/07- biometrics letter received

07/13/07 -rfe payment for I-131 ,wrong amount

07/14/07- touched-485 &130

07/17/07- rfe sent for I-131

07/21/07- rfe for W2s/tax info..guess they lost it

07/31/07- biometrics appt

08/01/07- EAD touched

08/07/07- rfe sent for 485

08/10/07- rfe received,485 processing resumed

08/22/07- receive letter for interview 11/20/07

08/25/07- AP approved and received

09/07/07- EAD card received

10/17/07- received SSN (took about a week after applying)

11/20/07- Interview- more evidence requested

12/14/07- Evidence submitted.....waiting...

12/26/07- Approval notice sent/ Card production ordered

 
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