Denial of AOS

[lovelyone 0]

Hello All,

This is my first experience in joining a valuable site that enlightens and helps people through many immigration issues.

I entered the Us on a valid K3 non immigrant visa and i was admitted on a two years stay, later on i applied for adjustment of status to a permanent resident but i left the Us while my case was pending since i do not need any advance parole prior to departing from the Us as a K3 visa Holder, unfortunately my AOS got denied while i was in Morocco : my question is : am i still able to return to the Us on my valid K3 visa even my AOS got denied?

I'm very confused as to the many information i have received regarding my case and i would appreciate very much your help in clarifying it more.

Thank you for your time .

Kind Regards,

Simo

Edited September 25, 2010 by lovelyone

[Darnell 8,478]

IMO, yes, you can return - the K-3 visa is still valid. Having AOS denied does not invalidate the K-3 visa.

'leaving the USA' usually is seen as 'abandoning the AOS process' - and yer exit / entry in/out of the USA is tracked, and checked during the namechecks process with the AOS.

When you return, you should file AOS again. Good Luck !

[Penguin_ie 5,994]

Agree with Darnell, in theory. However, CBP always has the power to turn you back, even if you have a visa, and in this case, they may give you trouble.

[canadian_wife 1,823]

What was the reason for the denial?

Good luck

[lovelyone 0]

What was the reason for the denial?

Good luck

Thank you for your responses, you eased my worries, the denial of AOS was the joint sponsor did not submit the recent Taw return of 2009 but her Bank statement instead but it was not accepted, my second concern and question is the following:

I have read on the USCIS site that the K3 Authorized stay is terminated 30 days after the AOS is denied: does that mean that the 2 years validity of my K3 visa is void and no longer valid : please explain to me more about that cuz it is confusing: what is the difference between the 2 years of the K3 visa and the Authorized stay ? the I94 Form has also a two years admittance given until 2012 : i just want to be sure i can travel back to the US with my k3 visa even the AOS got denied

Thank you for your help

Simo

Thank you

[Anh map 2,098]

Did you have an interview or did you receive a letter regarding the cosponsor?

Was the AOS denied or were you asked to supply more cosponsor information?

[Darnell 8,478]

K3 Authorized stay is usually printed on the I-94 card.

[JimVaPhuong 4,863]

If the I-485 was denied then the K3 automatically expires 30 days later.

[lovelyone 0]

Did you have an interview or did you receive a letter regarding the cosponsor?

Was the AOS denied or were you asked to supply more cosponsor information?

No i did not have an interview, my wife received a letter from the National Benefit center stating the Denial due to lack of submitting the Recent tax return of 2009 for the joint sponsor

i'm a bit confused with the responses: some say that the Denial of the AOS does not invalidate the K3 visa and that i can still return to the US using my K3 visa and others said that the Denial of the AOS automatically leads to the ending of the k3 Authorized stay: so which one is correct? i just need to know if i can still return to the US using my K3 visa despite the Denial of my AOS

Thank you so much for your help

sIMO

If the I-485 was denied then the K3 automatically expires 30 days later.

Thank you for your response but does that mean that i cannot return to the US using my K3 visa despite the denial of my AOS and apply again for another AOS? please clarify this

Thank you,

sIMO

[Bobby+Umit 161]

Are you within the 30 days of the AOS denial? (if you are, you should be able to come back in the US to re-open the AOS case)

Did you ever get an RFE for the co-sponsor info? (if you did, did you send it within the time limit?)

They usually do that then deny out of hand.

[lovelyone 0]

K3 Authorized stay is usually printed on the I-94 card.

Thank you for your response but my question still remains: the K3 Authorized stay is printed on my I94 and it expires on 2012 when i was admitted : my AOS was denied while i was in Morocco: does that mean i cannot travel back to the US using my K3 visa despite the denial of my AOS?

Thank you,

SIMO

[lovelyone 0]

Are you within the 30 days of the AOS denial? (if you are, you should be able to come back in the US to re-open the AOS case)

Did you ever get an RFE for the co-sponsor info? (if you did, did you send it within the time limit?)

They usually do that then deny out of hand.

No unfortunately i'm not within 30 days limit of the 30 days denial of the AOS,so what are my chances of rerurning to the US? does that mean i cannot travel back unless i apply for a new K3 ?

Please advice

Thank you,

SIMO

[Anh map 2,098]

Depending on what it says in the USCIS system the CBP officer at the US POE may or may not admit you.

Is there anyone here in the US that has a clear understanding of what is involved with the process and more importantly your case? It sounds like some important notices and dates have been missed.

It may be worthwhile to contact a qualified immigration attorney for an opinion.

[polar1979 4]

I'm confusing here, i thought K3 and K1 are single entry visas??? somebody enlight me please...

[Anh map 2,098]

I'm confusing here, i thought K3 and K1 are single entry visas??? somebody enlight me please...

K3 is multi entry. 2 year validity.