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Filed: K-1 Visa Country: Vietnam
Timeline

what do you suggest she do? missing the interview will make it a no show and making her deportable... so if she leaves on the 24th, does she need to contact uscis? or just send a letter withdrawing aos and stating she leaves 24th? that sounds reasonable.

DHS policy is that they won't initiate removal proceedings against someone who is clearly eligible to adjust status. Someone who has applied for adjustment of status and been denied is no longer clearly eligible - they've already been determined to be ineligible - and they are deportable.

If she doesn't contact USCIS and doesn't show up for the interview then her AOS will be denied, and she will become deportable. If she withdraws her AOS application then she will remain eligible to adjust status, as far as USCIS is concerned, because no decision has been made on an AOS application from her. She won't be deportable.

She'll get a three year ban for her accumulated overstay. The ban goes into effect the day she leaves the US.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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DHS policy is that they won't initiate removal proceedings against someone who is clearly eligible to adjust status. Someone who has applied for adjustment of status and been denied is no longer clearly eligible - they've already been determined to be ineligible - and they are deportable.

If she doesn't contact USCIS and doesn't show up for the interview then her AOS will be denied, and she will become deportable. If she withdraws her AOS application then she will remain eligible to adjust status, as far as USCIS is concerned, because no decision has been made on an AOS application from her. She won't be deportable.

She'll get a three year ban for her accumulated overstay. The ban goes into effect the day she leaves the US.

my friend says thank you... also, she's thinking of attending the interview now even if she goes alone. what she has for evidences are as follows:

1. copy of february 2011 rent of house (that is different house they are staying, they are just maintaning the rent coz it's their vacation house)

2. copy of february 2011 electric bill of that vacation house

3. 2 congratulation cards in their wedding

4. medical and dental insurance

5. bank joint account statements

6. pictures from wedding and some vacations

7. copy of tax for 2010

are those good enough? or anymore suggestions? that's all she has.

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