AOS denied at this mornings interview

[Cool Rob 0]

Hello everyone, I'm hoping you great folks can give my wife and I (I'm a USC) some advise and clarify a couple things.

She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here). When you open her Thailand Passport, on the front of page 5 she has a B1/B2 Visa. And on the front of page 7 she has a C1/D Visa. Is this considered a crew visa even though she has the B1/B2?

She never went and worked on the diving ship/cruise and we got married in April 2007. Shortly thereafter, I hired an immigration attorney to do the I-130 and AOS and to bring her 11 year old son here. They told us we could file for AOS because of the B1/B2, is this correct?

Everything appeared to be going smoothly.. Got SSN, temp work card, temp drivers license, etc. Then this morning at 7:30AM we had our interview at the local DHS. Needless to say it didn't go very well. Our Attorney didn't show and I was unable to reach him (he has been practicing immigration law for over 20 years, so he seemed to be the best choice in town). My wife and I decided to go into the interview without him. The interviewer approved our I-130, but denied the AOS based on the crew visa. The interviewer made copies of my wife's passport and visa and took her I-94 (yes, it was an I-94 and we have copies of it).

When we were leaving from the interview, there our attorney was in the lobby. He didn't say much and said he would schedule an appointment later this week to discuss the matter and has failed to return my calls from this morning to get more info about the predicament my wife and I are now in.

From what I can tell after reading in this forum, it appears she has to leave within 180 days, if not she will be bared for 3 years. Once she's back in Thailand, she'll need to reapply for her visa based on the approved I-130 . Is this correct?

If she's prenant within the next 180 days would that possibly make any difference on her having to leave the country?

Thanks for any info you can provide!

[Minya's wife 25]

Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Edited January 22, 2008 by Paula&Minya

[*JG* 2]

I cannot answer any of your questions except to say pregnancy does not make a difference at all.

[TracyTN 237]

The better question is what did your attorney say/suggest? That's what you should be paying him for, after all!!

[YuAndDan 153]

C1 / D visa is a crewman's visa, you cannot adjust status from that type of visa, you need to file for a CR-1 or IR-1 visa if the person has one of those visas.

Sounds like you had a lawyer who is not well versed in that visa type.

Adjustment of status based on marriage from a visa other than a K-Visa can be tricky.

[diadromous mermaid 36]

Hello everyone, I'm hoping you great folks can give my wife and I (I'm a USC) some advise and clarify a couple things.

She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here). When you open her Thailand Passport, on the front of page 5 she has a B1/B2 Visa. And on the front of page 7 she has a C1/D Visa. Is this considered a crew visa even though she has the B1/B2?

She never went and worked on the diving ship/cruise and we got married in April 2007. Shortly thereafter, I hired an immigration attorney to do the I-130 and AOS and to bring her 11 year old son here. They told us we could file for AOS because of the B1/B2, is this correct?

Everything appeared to be going smoothly.. Got SSN, temp work card, temp drivers license, etc. Then this morning at 7:30AM we had our interview at the local DHS. Needless to say it didn't go very well. Our Attorney didn't show and I was unable to reach him (he has been practicing immigration law for over 20 years, so he seemed to be the best choice in town). My wife and I decided to go into the interview without him. The interviewer approved our I-130, but denied the AOS based on the crew visa. The interviewer made copies of my wife's passport and visa and took her I-94 (yes, it was an I-94 and we have copies of it).

When we were leaving from the interview, there our attorney was in the lobby. He didn't say much and said he would schedule an appointment later this week to discuss the matter and has failed to return my calls from this morning to get more info about the predicament my wife and I are now in.

From what I can tell after reading in this forum, it appears she has to leave within 180 days, if not she will be bared for 3 years. Once she's back in Thailand, she'll need to reapply for her visa based on the approved I-130 . Is this correct?

If she's prenant within the next 180 days would that possibly make any difference on her having to leave the country?

Thanks for any info you can provide!

The "C1 / D" Visa is for persons desiring to enter the United States to join a vessel or aircraft. If she applied for the Crew member visa and that was used to enter the US, the denial of AOS was appropriate.

[Nanusia & Lukaszek 0]

Sorry to hear the outcome of your AOS interview

What a scumbag of an attorney! He took your money, and left you when you needed him most. He's only going to schedule another appointment to sit down and chat to rack in some more $$$ out of your pocket. I'd honestly look for a new attorney for a free consultation. If it is, as Paula&Minya stated, that your wife was ineligible for AOS due to the crew visa, then he should have known that with his 20yrs of experience.

Best of luck for a resolution.

[bradcanuck 1]

I would report the lawyer to the State Bar, as he gave obvious misinformation. The Crew Visa is not AOS eligible. I would report this guy right now.

[Cool Rob 0]

Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

[athena_ny 1]

Wow.

C-1/D visas are not eligible to adjust status from within the country. Maybe your lawyer knew that. How he could possibly think your spouse was here on a B-2 when she entered to work on a cruise ship is beyond me.

I don't know how far reporting the lawyer to your state bar association will go, but I'd do it just in case.

When did her I-94 expire? The date she has 180 days to leave by is the date on the I-94 as far as I know. Once in Thailand you can file for a K-3 or a CR/IR-1, and depending on if she has an overstay or not you may need a waiver. Unless someone can figure out how way to fix this inside the country, which I don't think is possible but you never know.

[Kez/JWolf 6]

Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

From you 1st post you state she entered with the intent to work on the boat.... so if that is what she told the POE staff and the AOS interviewer then she was denied AOS rightly.... regardless of whether she had a B1/B2 visa in her passport... she would not have been admitted to the US on a tourist visa if she had said she was going to be working on a boat.... sad to say she is going to have to leave the US as soon as she can and you are going to have to file for a spousal visa for her based on your approved I-130...

Kez

[diadromous mermaid 36]

Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

Surely the outcome depends upon what she said and did at the POE. Did she use the C1/D or not?

[FaithfulandTrue 6]

Sorry to hear the outcome of your AOS interview

What a scumbag of an attorney! He took your money, and left you when you needed him most. He's only going to schedule another appointment to sit down and chat to rack in some more $$$ out of your pocket. I'd honestly look for a new attorney for a free consultation. If it is, as Paula&Minya stated, that your wife was ineligible for AOS due to the crew visa, then he should have known that with his 20yrs of experience.

Best of luck for a resolution.

sorry about your interview.. what a jerk to not return your calls and leave you hanging like that.. i wish you could get your money back and use another attorney.. i'm praying for you.. oneder

[Dan J 277]

She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here).

This indicates that she entered on the C1/D visa. It doesn't matter if she had another visa, her status is set by the visa she used for entry. B2 visa can't be used to work in the US.

Had she entered on a B2 visa and had no intent to marry and stay upon entry. She could have successfully filed for AOS.

[Cool Rob 0]

Surely the outcome depends upon what she said and did at the POE. Did she use the C1/D or not?

She entered on the C1/D, but did not use the C1/D.

After arriving here the company that hired her informed her that she needed to pay for additional diving insurance and that she would have to pay extra for this and that. Then she was to work as a diving instructor on the cruise for 1 week. If she liked and they liked her work then she could continue working. If they didn't like her work, they could let her go. So she would lose the money spent on insurance, etc (she knew this before coming, but not about the additional insurance and other costs involved).

Now the kicker is, I went to speak with the attorney about all this before I hired him (showed him her visa and all). Explained all this to him to make sure she didn't need to show up for work and he said it would be possible to take care of everything while she was in the US if we got married and to come back and see him after we got married and he would handle it for X amount of $. So we got married and hired him to handle our case.

So now it seems she will definitely be going back to Thailand and I will have to determine which will be the quickest way to get her back here.