Appeal Process for AOS

[jelti 0]

In regards to an RFE that my husband received last week, we're both wondering about the appeal process should our request for evidence get rejected.

If our RFE is rejected, we will need to buy as much time as possible in order to raise the funds needed to move back to Ireland. Therefore, we are thinking about appealing if our RFE is not accepted--this way, during the process of the appeal, I can keep working and try to save enough money for plane tickets and suitable accomodation in Ireland.

However, if the appeal process is costly, then we won't be able to do it at all. It really sucks being broke.

So my question--has anyone ever appealed their (denied) adjustment of status? I assume the appeal process would be a bit different for those that are denied at their interview and those that are denied before their interview (as we might be)? Anyone have any experience in this?

Thanks very much in advance.

Edited June 15, 2006 by jelti

[Kez/JWolf 6]

why do you think you will be denied....

Kezzie

[jelti 0]

why do you think you will be denied....

Kezzie

Please see this post.

ETA: I suppose this one would make more sense than the first one, though.

Edited June 15, 2006 by jelti

[Donal78 0]

Hey melissa,

why not arrange an infopass meetimg with an immigration officer. Explain everything to them.

We are kinda in the same situation. As kristina lived in ireland until march of this year we only had tax returns for 2004. She only started her job in march when we moved over.We could only include 3 pay stubs , a a bank statement from citizens. We included a letter too from her employer.

Its crazy that uscis can put people through this stress. What other country forces people not to work for 6 months after they move there.Its crazy.

[jelti 0]

Hey melissa,

why not arrange an infopass meetimg with an immigration officer. Explain everything to them.

We are kinda in the same situation. As kristina lived in ireland until march of this year we only had tax returns for 2004. She only started her job in march when we moved over.We could only include 3 pay stubs , a a bank statement from citizens. We included a letter too from her employer.

Its crazy that uscis can put people through this stress. What other country forces people not to work for 6 months after they move there.Its crazy.

We thought about arranging an infopass appointment, but the negatives outweighed the positives. We already know what they're going to tell us.

We contacted the Irish Immigration Centre and talked to their on-staff attorney. She seems to think that without a co-sponsor, we will most likely be denied.

We're still holding hope though, as many people here on VJ have said that once they explained their case, their AOS went back on track. So we'll see.

I guess we're just trying to get prepared for the worst-case scenario.

[AlmostMex 0]

I read your other post re: your worry you can't overcome the public charge. I don't know if this helps you at all, but we just had my husband's AOS interview (which was approved btw). I had under $5000 income for 2003 (only worked one month and then moved to Mexico to be with my husband), no income for 2004 (still in Mexico) and about $12000 income for 2005 (we moved back in May 05 and I didn't start full-time in my current job in August). The immigration officer did question if I would be able to support him (and I should have said well yeah I've been doing it for the last year w/out a problem ). All I said is that I earn well over the poverty limit already, it's just that I only worked for part of the year last year since we just moved back in May. I also mentioned stock I have and our savings, and he was fine with it and approved us. I think as long as you are prepared to be asked and have answers ready for him along with proof of any assets you have to supplement your income, you'll be ok. I remember reading somewhere ( I think on the I-864) that if your current income is over the poverty limit, you don't even have to give proof of assets, but I went ahead and did it just to help our case.

My point is be prepared in case this comes up but don't worry too much about it.

Best of luck to you and I hope we'll see your good news of approval on here soon!

[jelti 0]

I read your other post re: your worry you can't overcome the public charge. I don't know if this helps you at all, but we just had my husband's AOS interview (which was approved btw). I had under $5000 income for 2003 (only worked one month and then moved to Mexico to be with my husband), no income for 2004 (still in Mexico) and about $12000 income for 2005 (we moved back in May 05 and I didn't start full-time in my current job in August). The immigration officer did question if I would be able to support him (and I should have said well yeah I've been doing it for the last year w/out a problem ). All I said is that I earn well over the poverty limit already, it's just that I only worked for part of the year last year since we just moved back in May. I also mentioned stock I have and our savings, and he was fine with it and approved us. I think as long as you are prepared to be asked and have answers ready for him along with proof of any assets you have to supplement your income, you'll be ok. I remember reading somewhere ( I think on the I-864) that if your current income is over the poverty limit, you don't even have to give proof of assets, but I went ahead and did it just to help our case.

My point is be prepared in case this comes up but don't worry too much about it.

Best of luck to you and I hope we'll see your good news of approval on here soon!

Thank you for the information. I'm glad to hear you guys passed your interview!

Aidan and I don't have an interview date yet because we got a request for evidence. Our problem is if our RFE is going to be rejected because we really don't have anything else to send them except a letter explaining our current situation. We're hoping they'll accept that and that they'll put our AOS back on track and send us an interview date (and send Aidan his EAD!!).

Thanks again for sharing your story.

[Peter Miami 0]

I wish you both the best of luck.

Peter Miami

[jelti 0]

I wish you both the best of luck.

Peter Miami

Thank you!

[jelti 0]

*Bump*

[nyc 0]

RFE doesn't mean a denial at all.

I got one too, for my medical.

It's very, very common.

And now I'm approved!

Anna

[jelti 0]

RFE doesn't mean a denial at all.

I got one too, for my medical.

It's very, very common.

And now I'm approved!

Anna

Yes, we do know that our RFE isn't a denial. However, we fear that the additional evidence we're going to submit may not satisfy the RFE--therfore possibly resulting in a denial.

[jelti 0]

Nobody's ever appealed an AOS denial?

Edited June 16, 2006 by jelti