I WANT TO REAPPLY

[johnbull81 0]

I went to the AOS interview 2 weeks ago with my wife and we were denied due to some miscommunication. We were told by the officer that our application for both I-130 and I-485 have been denied. Its past 2 weeks and we have not received any formal letter of denial.We intend to reapply.Do we go about reapplying or wait till we received the letter before reapplying?

Please help me?

[William33 110]

Moved to AOS topic.

[Kathryn41 3,205]

duplicate thread in AOS Family forum removed (no responses yet) and duplicate thread here removed (no posts)

Edited June 28, 2010 by Kathryn41

[VanessaTony 3,567]

You will need to wait for the denial letter.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

Edited June 28, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

I went to the AOS interview 2 weeks ago with my wife and we were denied due to some miscommunication. We were told by the officer that our application for both I-130 and I-485 have been denied. Its past 2 weeks and we have not received any formal letter of denial.We intend to reapply.Do we go about reapplying or wait till we received the letter before reapplying?

Please help me?

You need to know precisely why you were denied before you can even think about applying again. If USCIS concluded your marriage was a sham, which is likely since you and your wife don't even live in the same country, then you probably have a finding of material misrepresentation in your file. In that event, your denial letter is probably going to state that you have a limited period of time to leave the United States - voluntary departure. If you fail to leave, then they will begin deportation proceedings against you. If you try to apply for AOS again during that time, the petition will be denied, and you'll be told you need to leave the US and apply for a hardship waiver at a foreign consulate.

A far more practical solution would be to beat the accusation of material misrepresentation, and adjust status while you're still in the United States. This requires appealing to have your case reopened. Unless you happen to be really well versed in immigration law, you should hire a good immigration lawyer to handle this.

[NigeriaorBust 4,087]

From your previous posts it seems your wife is an international student that studies in another country and maintains some minimal presence in the US. What evidence did you have of a real relationship ? If you answer questions and fill in your timeline you will get better answers. Asking how to reverse their decision is not going to help unless you help us help you. You are probably at a point were you are going to need a good lawyer. If they think you are lying to them they may ban you from returning to the US. What type of visa did you enter on ?

[johnbull81 0]

I am on F1.She told me during the interview that i was fine to continue my studies.

[johnbull81 0]

The officer told me to wait till my wife moves permanently to the US before i reapply.But she is here already permanently.The officers just wouldn't listen.

[belinda63 3,022]

How can she be here and going to school in Russia? That is quite a commute. Perhaps you mean she has a domicile in the US which is not the same as her being physically present in the US.

For you to have a relationship with her you must show that the two of you are living as man and wife not just that you have a piece of paper saying you are married.

Since you still have a valid student visa I would recommend you simply continue your studies here and when your wife has completed her schooling in Russia and returns to the US to live that you then re-apply for AOS. To re-apply with the same circumstances as previously would not result in a different answer.

[SMR 368]

The officer told me to wait till my wife moves permanently to the US before i reapply.But she is here already permanently.The officers just wouldn't listen.

Is she here permanently or is she studying in Russia? When someone listens to you and realizes that what you are saying is contradictory, that is very different from not listening. I'm sorry you're in the situation you are in. You're right if you think that there are a lot of US immigration laws that are screwed up. But that is not going to get you very far.

No reasonable officer is going accept that your wife is living permanently in the US and studying full time in another country. She may have plans to live in the US in the long term. But in order for her to be living here "permanently," she needs to be living here and not in Russia. If she isn't living here, your marriage is not a valid basis for adjusting status.

It seems that the officer has decided not to take action against you if he indicated that you could continue your studies and reapply when your wife finishes her study and takes up residence in the US. With the right lawyer, you can get away with murder. But in my opinion the officer has given you good advice. When your wife graduates and comes to the US and you start actually living together, you will likely have a good case for AOS. It seems that your slate is still clean (although it won't be sure until the letter comes). I wouldn't risk pushing this and getting something on your record that won't come off for years if at all.

[Blublod 0]

hire an immigration lawyer and have documentation of a steady relationship.

[besaangel 17]

Most F-1 students that get denied for AOS automatically revert back to their student status so its not a favor of the officer unless more extreme criminal situations exist. OP should try to remain in status and talk to his DSO to ensure F-1 reinstatement immediately. Above advice is excellent and should be followed.

[johnbull81 0]

How long does it take to receive a response from USCIS after the interview.Mine is over 2 weeks and i have not received the letter?

Please help.Is it normal?

[SF83 1]

I'm pretty sure it can take a while. And if I were you, I'd seek legal advice.

[NigeriaorBust 4,087]

A returned petition can takes months to reach USCIS and then they are slow about answering anything. It may be 6 months before you hear from them