Denial of AOS

[Bobby+Umit 161]

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.

Concur - in addition - you can try to contact the US embassy where your located to check the validity of the visa (if it can still be used) - but from what you have posted, it appears it is not.

[lovelyone 0]

Hi all,

Thank you all for all your valuable answers and advice but i still need more clarification on my issue before i take any actions:

The K3 Authorized stay is terminated 30 days after the AOS denial: does that mean that my k3 visa which is still valid until 2010 is void and does not allow me to travel back to the US ?

my AOS got denied while i was in Morocco and i left the US while my case was pending, i have read that the denial of an AOS does not invalidate the K3 visa and that i can still travel back to the US despite my AOS denial?

does anyone have a clear picture of my issue? please advice.

Thank you so much for your help and patience.

Simo

Edited September 26, 2010 by lovelyone

[JimVaPhuong 4,863]

Hi all,

Thank you all for all your valuable answers and advice but i still need more clarification on my issue before i take any actions:

The K3 Authorized stay is terminated 30 days after the AOS denial: does that mean that my k3 visa which is still valid until 2010 is void and does not allow me to travel back to the US ?

my AOS got denied while i was in Morocco and i left the US while my case was pending, i have read that the denial of an AOS does not invalidate the K3 visa and that i can still travel back to the US despite my AOS denial?

does anyone have a clear picture of my issue? please advice.

Thank you so much for your help and patience.

Simo

The AOS denial does automatically terminate the validity of the K3. The only reason it isn't terminated immediately is because there is a 30 day window in which you can file a motion to have the case reopened. If you don't file a motion within the 30 day window then the K3 status is terminated. If you haven't left the US by that time then USCIS will begin removal proceedings. If you're already outside the US then you will not be allowed to reenter with the K3. If you're outside the US when the AOS is denied then you can still reenter during the 30 day window, but you're I-94 will expire when the 30 days expires.

The K3 is not a visitor's visa. It has one purpose - to come to the US and adjust status as the spouse of a US citizen. Your AOS was denied, and you didn't file a motion within 30 days to resurrect it. As far as USCIS is concerned, your AOS application has run it's course, and your K3 has served it's purpose. It's highly unlikely you would be readmitted to the US using your K3.

For the benefit of other readers who may be K3 beneficiaries - it would be wise to NOT leave the United States while your AOS is being adjudicated unless you are certain you will return before the final decision is made. If your AOS is denied then you have a myriad of options while you're still in the US. Those options evaporate if you're outside the US.

[Anh map 2,098]

Hi all,

Thank you all for all your valuable answers and advice but i still need more clarification on my issue before i take any actions:

The K3 Authorized stay is terminated 30 days after the AOS denial: does that mean that my k3 visa which is still valid until 2010 is void and does not allow me to travel back to the US ?

my AOS got denied while i was in Morocco and i left the US while my case was pending, i have read that the denial of an AOS does not invalidate the K3 visa and that i can still travel back to the US despite my AOS denial?

does anyone have a clear picture of my issue? please advice.

Thank you so much for your help and patience.

Simo

OK, you don't like the answers you have been given here. No need to keep asking the question over and over.

Your circumstances are not the norm. All the more reason to ask at the US Embassy and/or consult a qualified immigration attorney to get an opinion.

Edited September 26, 2010 by Anh map

[Darnell 8,478]

The AOS denial does automatically terminate the validity of the K3. The only reason it isn't terminated immediately is because there is a 30 day window in which you can file a motion to have the case reopened. If you don't file a motion within the 30 day window then the K3 status is terminated. If you haven't left the US by that time then USCIS will begin removal proceedings. If you're already outside the US then you will not be allowed to reenter with the K3. If you're outside the US when the AOS is denied then you can still reenter during the 30 day window, but you're I-94 will expire when the 30 days expires.

So - Jim's answer above, invalidates my position of 'yes, you can enter with a K-3'.

I'm wrong, my answer was wrong.

OP - good luck with whatever yer doing !!!!

[JimVaPhuong 4,863]

So - Jim's answer above, invalidates my position of 'yes, you can enter with a K-3'.

I'm wrong, my answer was wrong.

OP - good luck with whatever yer doing !!!!

To be honest, I didn't post in this thread earlier because I didn't know the answer. Your answer made sense to me, and I thought it was probably true. It wasn't until the OP mentioned what he'd read on the USCIS site that I decided to look into it myself.

According to USCIS, the K3 visa will automatically expire 30 days after any of the following events:

1. The I-130 is denied by USCIS.

2. The I-485 is denied by USCIS.

3. The K3 (for whatever reason) decides to apply for an immigrant visa at a foreign consulate, and the immigrant visa is denied.

4. The K3 and US citizen divorce.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

I guess #1 would presume that the K3 visa was issued based on the approved I-129F, but before the I-130 was approved. #3 would presume that the K3 visa was issued, the I-130 subsequently approved, and the K3 decided to go ahead and apply for a CR1/IR1 visa based on the approved I-130.

It was on two different lawyer's websites that I read that the reason for the 30 days was because that was how long the K3 is given to file a motion to reopen.

[Darnell 8,478]

Jim, ya, there was a recent case over at http://www.chinafamilyvisa.com that I've been following,

where

The K3 (for whatever reason) decides to apply for an immigrant visa at a foreign consulate, and the immigrant visa is denied.

condition was pegged -

the CR-1/CR-2 visas were blue-slipped on interview day, asking for more evidence, a 221G issued, the prior K-3/K-4 were invalidated on that day. Ultimately the CR-1/CR-2s were issued, though - so that's a good thing.

For the OP - it may simply be easier to 'check on the I-130 status at NVC'

and if it's still active there - have the USC spouse go through NVC processing.

If it's not 'active at NVC' - then she might get some hope after filing the I-824 on the approved I-130, then going through NVC processing for the IR-1.

But - who knows? maybe any 'active' I-130 is closed now, since the AOS was denied.

Edited September 26, 2010 by Darnell

[Penguin_ie 5,993]

Yes, I also didn't know about the30 day rule when I first replied.

Forget about your K3, it is no longer valid. See if you can revive the I-130, or if not, re-file; you will be separated for several months, sorry. The positive thing about this that you'll end up with a IR-1, leading to ten year greencard upon re-entry, meaning no AOS and no removal of conditions.

[lovelyone 0]

Yes, I also didn't know about the30 day rule when I first replied.

Forget about your K3, it is no longer valid. See if you can revive the I-130, or if not, re-file; you will be separated for several months, sorry. The positive thing about this that you'll end up with a IR-1, leading to ten year greencard upon re-entry, meaning no AOS and no removal of conditions.

Hello,

Thank you so much for all your responses which were of great help, the I-130 petition was approved prior to entering the US, we had both I-129 and I-130 petitions approved but we did not go forward with the CR1 at that time since the k3 approved petition was sent first to the US consulate in Morocco , i know we had a chance of going for a CR1 with the NVC but we did not but the I-130 was approved by the USCIS prior to entering the US.

From your last response: do you think we can still revive the I-130 ?

Thanks a lot,

Simo

[Penguin_ie 5,993]

You need to check with NVC. I would think it's been cancelled along with the K3, but maybe not.

[Darnell 8,478]

Have the USC Spouse check in with NVC Hotline - get a HUMAN - give I-130 receipt # from the I-797-C , inquire for I-130 status.

[Used to be broken 147]

K3 is multi entry. 2 year validity.

Is 2 year validity still true of there if there are no "conditions", ie: married at the time of entry/issuance longer than 2 years?

[JimVaPhuong 4,863]

Is 2 year validity still true of there if there are no "conditions", ie: married at the time of entry/issuance longer than 2 years?

Yes.

You're confusing two different "two year" time limits. The K3 visa is valid for two years unless the visa is terminated by one of the events described in this topic. Two year conditional residence is something else entirely. It is the type of permanent residence granted to a spouse of a US citizen if they have been married less than two years at the time the AOS is approved.

[Used to be broken 147]

Yes.

You're confusing two different "two year" time limits. The K3 visa is valid for two years unless the visa is terminated by one of the events described in this topic. Two year conditional residence is something else entirely. It is the type of permanent residence granted to a spouse of a US citizen if they have been married less than two years at the time the AOS is approved.

yes I am sorry. different topic should ask in right forum. my bad