Greencard interview

[miss_autumn123 0]

Hi everyone,

I have a friend who is still an F-1 student and just gets married to a USC. She is very nervous about the greencard interview which often occurs after one files I 130 and I 485. She comes to ask me who have some experience with the process for help. I can't help her, so I decided to post her questions here. I hope you will help us out. Her question is what will happen if one is denied in the interview. At that time, if the petitioner wants to withdraw the petition, will he be able to do so? I know some cases after the petitioner withdraws the I 130 form, the case is closed. Will the petitioner be allowed to do so after the interview? If my friend is denied in the first interview, will she still be able to stay in the US with her F-1 visa? I hope you will help us out. Thank you very much.

[Harpa Timsah 13,258]

If she is denied, she will have the option to appeal and fight in court. If they have a real relationship, they won't be denied. If they don't, then they shouldn't file.

[VanessaTony 3,567]

Hi everyone,

1. Her question is what will happen if one is denied in the interview.

2. At that time, if the petitioner wants to withdraw the petition, will he be able to do so? I know some cases after the petitioner withdraws the I 130 form, the case is closed. Will the petitioner be allowed to do so after the interview?

3. If my friend is denied in the first interview, will she still be able to stay in the US with her F-1 visa?

1. If she is denied then she (together with her sponsor) can appeal it.

2. Yes he can up until the GC has been approved

3. No. The AOS process is denied and she will be ordered to leave. If she doesn't appeal then she will be out of status by the deadline in the letter she gets with her denial. If she withdraws her application I believe her status is still real.

Honestly though the questions you're asking ake me think it's not a legit relationship if she's worried he's gunna just withdraw it at/after the interview :S

[Brother Hesekiel 2,236]

Reading between the lines here, but if somebody wonders what happens if the petitioner-- in this case her lawfully wedded husband--withdraws the I-130 at the AOS interview, that indicates to me that the petitioner might get scared of the legal ramifications of a fraudulent petition.