Denial of AOS due to withdrawl of Affadavit of Support

[pooja 0]

Hello All,

This is a very sad expereince. I came here on a K3 visa in Oct 2008 and applied AOS and EAD in November. I got my EAD on April this year but while the AOS was still pending, me and my husband had some issues because of his parents. As a result of this I went to my sisters place in New York for a few days to get relaxed from that situation. He also dropped me to Airport and told me to come back asap. But once I reached there he stopped communicating with me and finally at last I decided to come back myself on June 15th. But when I tried to call him from the airport, he did not pick the phone or came to receive me. I then took a cab and came back myself where he lives. But the house was locked and there was no one. Then finally his father came and told me that I cannot enter the house and told me to go back. I requested him that let me speak to my husband but he did not let me do that. Then finally I went to police for help. The police took me the shelter where I stayed for almost one and a half month. Then we decided to make over the things back and he requested to come back and I did come back on 24th July.

Then after a week I checked my mail and got to know that my AOS has been denied. Then I called him in his office and asked him what is that? Then after asking so many times he accepted that he has send a letter to USCIS that he wanted to withdraw his support and he is ending this relationship. He also told me that I had the AOS interview on June 11 which he never told me as I was in my sister's house at that time. I got so much shocked as a results of knowing all these fact, which he did not told me before. Now we want to know that in the present situation what are our options. My concerns are:

1. Can we reschdule interview of our denied AOS. If yes then what are the chances of its approval?

2. As my AOS is denied would I be deported back to India and if yes then until when and what are my options to avaoid that?

3.If we had to reapply our AOS again then is it possible in this current situation? Can the same person can file for my AOS again?

4.If yes then what are the chances of its approval and what would be the imapcts of our previous denied AOS and the previous happening. Also since our marriage is almost two years and eight months, what type of green card would I receive? Is is two years or ten years? Also would all this developments would result in two years green card instead of ten?

5.Since I have my EAD would it be valid at present? Can I work on that?

If you know any other things about this situation then please help us.

We both love each other very much. Its all because of living with his parents. Please help us in getting us back together and making the things in place again.

Thanks in advance for all you help and support.

Pooja

[VanessaTony 3,567]

I don't really have any specific advice except that i think it depends on what he said in his interview, and what letter he sent to USCIS.

Legally I wouldn't know, but personally, knowing that living with your parents caused him to withdraw his support KNOWING that it will most likely get you kicked out of the country sends up red flags. I also find it interested that you said "where he lives" instead of "our house"...

I wish you luck but this really sounds dodgy to me.

[VanessaTony 3,567]

I don't really have any specific advice except that i think it depends on what he said in his interview, and what the letter he sent to USCIS said.

Legally I wouldn't know, but personally, the fact that he withdrew his support KNOWING that it will most likely get you kicked out of the country sends up red flags. Also, he didn't tell you when you "got back together" that he'd done this, which I would have thought he would have done if he sincerely wanted you to stay... he would have gotten started on fixing it right away. Withdrawing is support is a massive deal... I don't know how well the USCIS would take "we had an argument, he didn't mean it".

I also find it interesting that you said "where he lives" instead of "our house"...

I wish you luck but this really sounds dodgy to me.

[Chris_Жанна 11]

I don't have any advice. I just want to wish you the best of luck. I hope everything works out for you.

[soniew910 0]

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

[Leedah 22]

Why would you purposely mess up the man's life with the vawa? He didn't commit any violence and SHE left.

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

[Old Dominion 26]

When your AOS was denied, your EAD also expired immediately. Obviously your husband has problems that he will need to overcome before getting the USCIS involved again. Among them, finding a place where the two of you can live. If he's not willing to do that, then what's the point of proceeding with an appeal? Or a new AOS application?

VAWA will not work, as you were not abused, were you? You are the one who left him to fend for himself with his parents.

Edited August 1, 2009 by Old Dominion

[VanessaTony 3,567]

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

Ummm what? Where did you get "abusive" from in the OP?

This seems like you're trying to give the OP ways to commit fraud.

[pooja 0]

I know its a very complicated situation. But we really want to get back together as we love each other very much. We are living together now. I just wanted to know if he is willing to make over the things now, then how can he do that? We cannot even think of living separetely. Also I went to my sister place to just to visit her . Therefore, I would be thankful if I can be helped in finding the ways to make this suitation better and everything becomes normal again.

[Michy 0]

Why would you purposely mess up the man's life with the vawa? He didn't commit any violence and SHE left.

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

I agree 100 percent. too many people are resorting to VAWA when they were not even abused. People are abusing VAWA, its their last ticket to stay in the US. End VAWA!

[NArocks 13]

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

Soniew910 This is totally UNCALLLED for advise, where is abuse mentioned? People stating this keep the real VAWA surviors from getting the GC they deserve. This is Fraud to suggest this to the OP Please keep this type of comments to yourself.

OP contact an attorney and see if you can reopen your case if not you may have to file all over again, and you need to do this NOW before you are placed in removal proceedings. Also find out what he said when he went tot he interview as others have stated. However if he let his parents push him once it may ahppen again so be careful.

Please let us know how it goes.

Michy an end to VAWA is not the answer, the answer is not having people claim it falsly. Read the ladies and men who are actual VAWA petitioners and hopefully this may change you mind towards it. It is a need for some immigrants.

[Kathryn41 3,205]

Pooja, if your relationship is back on course, you can refile another I-485 and start that process all over again. He will need to submit another affidavit of support. You will have to address why the first affidavit of support was withdrawn and why you missed the first interview. It is very likely you will get another interview and they will likely look very closely at the problems you had with the first AOS. Right now you are out of status in the US. The EAD based upon the denied AOS is no longer valid. Once you re-submit the AOS - if that is what you do - your status again will become AOS applicant. If you have been married less than 2 years when the AOS is approved you will get a 2 year conditional card and will need to apply to remove the conditions on it 2 years later. If you have been married more than 2 years when the AOS is approved you would get a 10 year card.

Living together with his parents sounds like it is a serious issue in your marriage. Is there a possibility of the two of you getting your own place so you can work on your marriage without their interference? You might also benefit from some marriage counselling to help you address the issues that led to the problems earlier in your marriage.

Good luck to you.

Edited August 1, 2009 by Kathryn41

[pooja 0]

Thanks kathryn41 for such a nice reply. I will soon make an appintment with an attorney. I just want to know about another question, that can I study here in my present situation. As I am planning to pursue some masters course from here.

[Old Dominion 26]

When you refile for AOS, the receipt (NOA1) may be enough for a university to let you enroll.

[hellonew 0]

since your 485 will be denied, and you still obviously want a green card, I suggest that you talk to lawyer about VAWA. He will tell you the requirements of VAWA. There's a good chance you might get a green card this way. VAWA is dependent on many things, but among them are 2 crucial pieces of evidence: that your marriage was bona fide. that your marriage was abusive. If the judge is convinced by the evidence, you will get a green card.

consult with an immigration law attorney, who has experience with immigration court.

VAWA means violence against women act.

Im shocked by what u advised this couple, NOWHERE DID SHE POST THE WORD ABUSE!! VAWA needs to be reviewed ASAP!