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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hey I have a question,

If the AOS is denied AFTER an I-751 is issued, are you illegal? Does one take precedence over the other?

MARRIED - 08/23/03

BABY BOY! - 09/22/04

12/23/05- MAILED I-130

01/06/06- NOA 1 FOR I-130

01/18/06- MAILED I-129F

01/26/06- NOA 1 FOR I-129F

02/28/06- APPROVED I-129F

03/06/06- APPROVAL FOR I-129F COMES IN MAIL

03/30/06- APPROVED I-130

04/06/06 APPROVAL FOR I-130 COMES IN MAIL

WAITING FOR NVC TO ISSUE K3 CASE # since 2/28/06

WAITED FOR NVC TO ISSUE IR1 CASE # since 3/30/06 CASE # ASSIGNED APRIL 17, 2006

AT THE NVC

Case # - 4/17/06

DS 3032/AOS fee bill generated 4/24/06

DS 3032 emailed April 25, 2006

AOS fee bill mailed on 4/26/06 via USPS; rec'd 4/27/06

DS 3032 updated on 5/3/06(NVC emailed us back after 9 days)

I-864 package mailed out on May 11, 2006 via USPS overnight; received at NVC May 12, 2006

Received IV Fee Bill and and I-864 package on the same day in the mail on May 13, 2006

IV fee bill overnighted same day May 13, 2006

5/26 checklist rec'd ds 230 missing

5/30 ds 230 package rec'd

6/7 I mail them back the ds 230

6/8 They receive the ds 230

6/12 it is entered into their system

6/29 CASE COMPLETE

07/06 - CASE HAS BEEN FORWARDED TO CONSULAR POST

07/12 - PACKET 4 COMES TO HIS HOUSE

08/04 - MEDICAL EXAM - HAS NO DISEASES CONFIRMED

08/08 - INTERVIEW AT 8 AM. PLEASE PRAY FOR US.

08/23 - OUR 3RD WEDDING ANNIVERSARY

09/22 - OUR BABY TURNS 2!

Filed: Timeline
Posted

I am confused about your question..... to be at the stage of doing I-751 you whould have already had AOS aproval.....

The I-751 could be denied if you failed to show you had a genuine marriage... but I think you would have received lots of RFE and an interview before that would happen....

Kezzie

Posted

i agree with the previous poster...i'm confused too. :lol:

the I-751 is to remove conditions on permanent residency....you won't have permanent residency until AFTER the AOS is approved.

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Filed: Country: Canada
Timeline
Posted
Hey I have a question,

If the AOS is denied AFTER an I-751 is issued, are you illegal? Does one take precedence over the other?

Um....like the others, I'm confused. Where is the question arising from?

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

heheheheheh

heres the story again!

actually i should go cut and paste from my previous post, but ill just type it again :D

myhusband came here in march 2000 on a k1 visa (arranged marriage)

got married in april 2000 to his exwife

he applied for his aos.

he had his interview 1. they took his i-94 card and didnt stamp his passport. they said the unconditional greencard would come in the mail.

he got separated in jan 2001.

got his EAD in july 2001

started divorce proceedings, FINALIzED on april 15, 2002

he filed i-751 thru lawyer shortly after

it was granted on june 23, 2002. on one of those official notice of action papers.

for the next 3 years, they keep renewing his I-751. hes got multiple stamps in his passport saying "I-551 processing and I-751 pending, permission to work and travel abroad"

numerous infopass appts- asking what is the status of the I-551= PENDING. one officer even gave it to him in writing in 2004

hes traveld out of the country twice with those stamps.

both times upon return, he was held back in a separate room and they verified info before letting him out of the arpt.( i am assuming the is "inspection upon return". ) there are arpt stamps, a weird kind which he got from this special room...

fast fwd....

nov 18, 2005

they give him the 2nd interview based on that k1 visa.

they say his aos (i-485) was denied on sept 16, 2002

and show him the certfied mail with a post mark on saying "undeliverable".

they even gave him a copy of it.

the interviewing officer CROSSED OUT ALL I-551 stamps in his passport, and toldhim to go home and file an appeal. and that was it.

my husband left to india the following day. on nov. 19th. he said as of right now he had no status. they could either deport him or he could leave. he didnt want to take the chance of getting another AOS denial if he stayed here.

we started the whole process all over again. and i explicitly explained all this in my cover letters for both petitions. he was told that since he was here on a k-1 visa he could notapply through me until a decision was made on the aos from his original marriage. well he wasnt made aware till that 2nd interview that they gave him...

i filed an I-130, then i filed an I-129F

both got approved.. and the rest is in the timeline.

i havent slept for the past few days.. i just cant - im waiting for him to come home.

Please pray for us.

** becoz technically hes never overstayed.. all of those stamps are dated. so is the interview letter. and he attended it. theyve got it recorded, im sure.

Now u see why the Pharmacist needs pills...

MARRIED - 08/23/03

BABY BOY! - 09/22/04

12/23/05- MAILED I-130

01/06/06- NOA 1 FOR I-130

01/18/06- MAILED I-129F

01/26/06- NOA 1 FOR I-129F

02/28/06- APPROVED I-129F

03/06/06- APPROVAL FOR I-129F COMES IN MAIL

03/30/06- APPROVED I-130

04/06/06 APPROVAL FOR I-130 COMES IN MAIL

WAITING FOR NVC TO ISSUE K3 CASE # since 2/28/06

WAITED FOR NVC TO ISSUE IR1 CASE # since 3/30/06 CASE # ASSIGNED APRIL 17, 2006

AT THE NVC

Case # - 4/17/06

DS 3032/AOS fee bill generated 4/24/06

DS 3032 emailed April 25, 2006

AOS fee bill mailed on 4/26/06 via USPS; rec'd 4/27/06

DS 3032 updated on 5/3/06(NVC emailed us back after 9 days)

I-864 package mailed out on May 11, 2006 via USPS overnight; received at NVC May 12, 2006

Received IV Fee Bill and and I-864 package on the same day in the mail on May 13, 2006

IV fee bill overnighted same day May 13, 2006

5/26 checklist rec'd ds 230 missing

5/30 ds 230 package rec'd

6/7 I mail them back the ds 230

6/8 They receive the ds 230

6/12 it is entered into their system

6/29 CASE COMPLETE

07/06 - CASE HAS BEEN FORWARDED TO CONSULAR POST

07/12 - PACKET 4 COMES TO HIS HOUSE

08/04 - MEDICAL EXAM - HAS NO DISEASES CONFIRMED

08/08 - INTERVIEW AT 8 AM. PLEASE PRAY FOR US.

08/23 - OUR 3RD WEDDING ANNIVERSARY

09/22 - OUR BABY TURNS 2!

Posted

pharmacist

With your husbands interview coming up on Tuesday, it is going to be up to the conof to now determine if he is eligible for a visa. Due to the complicated case, an advisory opinion may be sought. Just be prepared for a wait during AP if it is not clear to the conof that your husband is eligible. I wish you both all the very best and hope that it turns out the way you both wish it to.

Lorelle

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

 
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