AOS denied and divorce

[ml82 1]

hi everyone, i posted my situation a few months ago...

but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. she has been living with my family the whole time. she has her employment card and ssn card and a drivers license. our marriage didn't work out so i am filing for divorce.

what will happen to her after i file for divorce? can she still stay in the US? or does she have to leave?

thanks for any help.

[wifetobe 2]

hi everyone, i posted my situation a few months ago...

but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. she has been living with my family the whole time. she has her employment card and ssn card and a drivers license. our marriage didn't work out so i am filing for divorce.

what will happen to her after i file for divorce? can she still stay in the US? or does she have to leave?

thanks for any help.

She has to leave based on the fact you have just merely reached the AOS stage.

[ml82 1]

is there anyway she can stay?

[Deputy Purple 1,294]

is there anyway she can stay?

Legally, no.

Fraudlently, VAWA.

Illegally, sure.

[ValentinesWedding 0]

but to sum up real quickly, this is what is happening- my wife's AOS has been denied. i am working and living overseas for over a year and a half. ... our marriage didn't work out so i am filing for divorce.

I am wondering why her AOS was denied. (If you don't want to go into the details of the denial, I understand, but I would like to hear more, if possible, as I my husband and I have just filed AOS paperwork and are concerned about denial).

Also, it sounds like you want to go ahead with the divorce but are hoping there's a way your wife can stay in the U.S. Is there any possibility you can appeal the denial of AOS (and postpone the divorce)?

[Anh map 2,098]

What visa did she enter the US on?

[belinda63 3,047]

She entered on a K-1 visa and he withdrew the affidavit of support/did not attend the interview (not sure which). Once the AOS was denied she should have been given a certain number of days in which to leave the country. Also her work permit is no longer valid as it was based upon the pending AOS.

Whether you are divorced or not has nothing to do with her status to remain in the US.

[Anh map 2,098]

She entered on a K-1 visa and he withdrew the affidavit of support/did not attend the interview (not sure which). Once the AOS was denied she should have been given a certain number of days in which to leave the country. Also her work permit is no longer valid as it was based upon the pending AOS.

Whether you are divorced or not has nothing to do with her status to remain in the US.

If that's the case then Bob 4 Anna's assessment is spot on. If she can prove abuse then she can attempt to adjust status. Other than that, no legal way to adjust and be legal.

[ml82 1]

she entered under a k-1 visa. i withdrew my support. they sent her a letter that her AOS was denied but gave her the option of applying for a i-290b which allows her an extension which she may possibly have applied for, but i am not sure. i don't wish to appeal the denial. the marriage just didn't work out.

however, she wants to stay.

[Anh map 2,098]

she entered under a k-1 visa. i withdrew my support. they sent her a letter that her AOS was denied but gave her the option of applying for a i-290b which allows her an extension which she may possibly have applied for, but i am not sure. i don't wish to appeal the denial. the marriage just didn't work out.

however, she wants to stay.

To be blunt, that's her problem. There really isn't a legal way for her to stay after entering with a K1.

[ml82 1]

i see... she was denied the AOS in september of 2009 but she is still in the country. do they send her a notice of how much time she has left? do they even enforce anything if she stays over the time limit?

[Anh map 2,098]

i see... she was denied the AOS in september of 2009 but she is still in the country. do they send her a notice of how much time she has left? do they even enforce anything if she stays over the time limit?

Now she continues to accrue time out of status, is not legally able to work, and builds longer bans to reentry once she leaves the US.

She knows that she's not here legally and will have to face the ramifications eventually. If she comes to the attention of ICE she may be placed in deportation proceedings.

She should refer to the notice issued when AOS was denied. I would expect that it explains her options.

[CQ & CS 2]

If that's the case then Bob 4 Anna's assessment is spot on. If she can prove abuse then she can attempt to adjust status. Other than that, no legal way to adjust and be legal.

But her AOS has been denied already. Wouldn't it be fishy to use VAWA?

[VanessaTony 3,567]

But her AOS has been denied already. Wouldn't it be fishy to use VAWA?

Not really. She could claim abandonment. That he just fled and withdrew the affidavit of support and she was "trapped" with no way to work or leave and all that. Sometimes people use the not filing of paperwork as proof of trying to control (mental abuse).

[Jim&Natasha 24]

But her AOS has been denied already. Wouldn't it be fishy to use VAWA?

Of course it would. The whole VAWA thing has been fishy as related to immigration. I am not passing judgment on the merits of any particular case, simply commenting on the process. There are horror stories from both sides.

Past reports indicate the woman's statement alleging any sort of abuse is accepted at face value by the process, with little or no actual fact checking.

No evidence required to support the allegations, and go straight to the front of the immigration line.

So an unscrupulous actress who is determined to stay in the USA could easily accomplish that by making a few tearful statements to appropriate authorities.

What I do not know is what downstream ramifications and consequences that has for the man, e.g., a record of the case winding up in a searchable semi-public record, and the man being denied military clearances in the future, etc.

If things are different now, someone please chime in with updated information on how immigration-related VAWA cases are being handled.