What happens when AOS is being denied

[sebkos 0]

Hi,

a friend of mine had her aos interview a few weeks ago. Some days after the interview the couple got a letter that the IO needed more evidence of an ongoing relationship. The letter also stated the specific evidences they are requested to bring.

Anyway, the couple thinks they might not be able to furnish USCIS with all the evidence listed.

To my question: If the IO denies AOS because they were not able to bring all the requested evidence, what happens next?

Will she get the order to leave the country in a specific time period after she received the letter?

Or will they first be called for a interview?

Or will the status be pending?

My friend wants to be prepared what might happen. Especially she would like to know in what time period she would have to leave.

I would be glad to get some information of you.

Bye

[Johnnie J 0]

Hi,

a friend of mine had her aos interview a few weeks ago. Some days after the interview the couple got a letter that the IO needed more evidence of an ongoing relationship. The letter also stated the specific evidences they are requested to bring.

Anyway, the couple thinks they might not be able to furnish USCIS with all the evidence listed.

To my question: If the IO denies AOS because they were not able to bring all the requested evidence, what happens next?

Will she get the order to leave the country in a specific time period after she received the letter?

Or will they first be called for a interview?

Or will the status be pending?

My friend wants to be prepared what might happen. Especially she would like to know in what time period she would have to leave.

I would be glad to get some information of you.

Bye

In a denial, one can ask for an appeal case to be opened and reviewed. However certain adjustments of status do not allow any appeals. Then that person is placed in removal proceedings and must leave the country in the time frame established by the USCIS.

Once she is placed in removal proceedings and leaves the country depending on the offense that person must remain outside the US for about 10 years. Its usually the ban placed after someone has lied on the adjustment of status based on marriage.

[Otto 83]

Hi,

a friend of mine had her aos interview a few weeks ago. Some days after the interview the couple got a letter that the IO needed more evidence of an ongoing relationship. The letter also stated the specific evidences they are requested to bring.

Anyway, the couple thinks they might not be able to furnish USCIS with all the evidence listed.

To my question: If the IO denies AOS because they were not able to bring all the requested evidence, what happens next?

Will she get the order to leave the country in a specific time period after she received the letter?

Or will they first be called for a interview?

Or will the status be pending?

My friend wants to be prepared what might happen. Especially she would like to know in what time period she would have to leave.

I would be glad to get some information of you.

Bye

Your friend should focus on obtaining the evidence asked for (unless there's a reason she can not supply it).

[Eric-Pris 1,607]

Your friend should focus on obtaining the evidence asked for (unless there's a reason she can not supply it).

That's good advice, unless the marriage is not bonafide...

[alexpapa 4]

What kind of information cannot be supplied? If there is anything that cannot be furnished, then a letter with good reasons should be presented at the very least.

[sebkos 0]

Thanks all for your answers.

Which specific kind of evidence they are not able to bring I don't know. I will ask them.

In a denial, one can ask for an appeal case to be opened and reviewed

What is an appeal case? Will it be processed by USCIS or by an immigration judge?

Will it be a new case independent from the old one where you get an additional time frame to originate more evidence?

How long does it take to process the appeal case?

[sebkos 0]

Or is it possible for the couple to re-file for a new I-485?

IF yes, would it then take again the same amount of time like the first I-485??

[Carlawarla 1]

Or is it possible for the couple to re-file for a new I-485?

IF yes, would it then take again the same amount of time like the first I-485??

I don't know that you can refile a I-485 when there is another one that is either in limbo or denied. They must provide the evidence requested. If they can't, they should provide a letter from someone or someplace to say why. If the reason for not providing it can't be obtained, then how could another refiling help? They'd still have to have the same evidence.

If they're denied, then I would suggest that it would be because they haven't convinced the official that theirs is a bona fide relationship in which case, I'm not even sure they can appeal.

Please ask them what evidence they're asking for, and we might be better able to help.

[sebkos 0]

Thanks for your answer.

Yes I will ask them why they cannot provide the requested evidence.

But what does it mean "to appeal" the case?

Who will check the case?

In which time frame?