What will happen if AOS is denied- we got RFE

[missyouhoney 1]

He had our interview last week and took with us the proof we had, our mistake was not to have a lease agreement on both names, a joint bank account, medical and life insurance, and a list of benefits from my husband´s ( petitioner ) employer.

We will work on those papers, but my husband is not happy about the life insurance thing, he just doesn´t want to do it.

What was ur experience with the AOS? Did you get a RFE? Did u have to do the life insurance thing?

Furthermore, What happens if one fails to comply with ONE of the requirements? Will I be deported or how long can I stay using my Advance Parol and Work Permit?

We can´t believe it! We´re honest people. We love each other and God Willing will b having a daughter in July. We can´t believe they will force us to leave The USA.

I´ll appreciate your positive comments. Thanx.

[Harpa Timsah 13,258]

I can't believe they told you to go out and buy life insurance. Purposefully going out and purchasing something after being told does little to prove a bona fide marriage - that's just following directions.

Please read the RFE again. My guess is that it is just asking for more proof of a bona fide marriage (of any type). What does it say exactly?

[missyouhoney 1]

I can't believe they told you to go out and buy life insurance. Purposefully going out and purchasing something after being told does little to prove a bona fide marriage - that's just following directions.

Please read the RFE again. My guess is that it is just asking for more proof of a bona fide marriage (of any type). What does it say exactly?

Thank u for ur answer. I´m afraid I didn´t explain correctly. They sent us a letter asking for proof of having life and medical insurance 2gether which we don´t have so that´s why we´ll have to buy it.

My husband has lived without medical insurance for more than 10 years ( believe it or not! ), he just got it last month from work but it only covers him. He thought about including me in the future, not now tho since we´re using State Services for my pregnancy.

[missyouhoney 1]

The Immigration Department is asking for:

1 complete joint bank statements from throughout our marital relationship - we never had a joint bank account but we will change that, the only problem is that it will show we changed it in April not in July when was when we got married. Will this not be valid???

2 medical and life insurance during our marriage: we don´t have that. We´ll have to buy them but again, it will show that we bought it in April not througout our marital relatioship. Will this not b valid?

So if they decide these proofs are not valid, Will they make me leave the country? What happens when AOS is not granted?

We are honest, this is a marriage for love. I´m pregnant and God willing we´ll have our daughter in July. Will they still make me leave?

Thanx.

[together4evr 360]

You are using public aid for your pregnancy?

Does that affect your AOS?

I think it is something your sponsor will have to pay back to the government.

This might be a problem for you but I am not sure

Good Luck

[kcoyclay1 98]

Ensure your name is on the lease. Unborn babies are not seen as proof of a viable marriage. They need to see more intermingling of assets. When spouses are not willing to join assets it's a red flag and interpreted as a backdoor to ending marriages. Joint assetes put a strain on divorce and drag them out. They take everything into account.

I understand not having health insurance. The cost out of pocket to add a spouse is crazy. Life insurance is cheaper. Even if it's accident insurance. If you can avoid the third degree, do so. All the best.

[SF2007 48]

As a K1 holder, the terms of your admission in the U.S. and AOS clearly state you are not eligible to receive financial support for government programs. It would be wise to double check with your state services if you are indeed eligible for their pregnancy program as a K1 resident alien. If not, your husband might have to refund the financial support you received so far. It might be why they are asking about your proof of insurance.

[missyouhoney 1]

You are using public aid for your pregnancy?

Does that affect your AOS?

I think it is something your sponsor will have to pay back to the government.

This might be a problem for you but I am not sure

Good Luck

My husband ( petitioner ) decided to use it since lots of illegal aliens are using it without having to pay a penny back. He thought that being an American he had the same rite to use public aid as any other person.

But, Can we focus on my first questions please? Will I get denied the AOS and be deported? What happens when people are denied the AOS?

[together4evr 360]

You cannot be a public charge and if tax payers are paying for you the foreigner and now we get to pay for your baby too... I think that means you are a public charge and your husband cannot afford a wife or a kid

I think you will be denied!

Start reading the uscis guidelines for being a public charge

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=354fb2a3fffb4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Public Charge Fact Sheet

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Immigration and welfare laws have generated some concern about whether a non-citizen may face adverse immigration consequences for having received Federal, state, or local public benefits. Some non-citizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

For purposes of determining inadmissibility, agency guidance has, since 1999, defined “public charge” to mean an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

Benefits Subject to Public Charge Consideration

The agency guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs. Acceptance of these forms of public cash assistance could make a non-citizen inadmissible as a public charge, if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as part of the public charge analysis of the totality of the circumstances. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non-cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination

• Unemployment compensation is also not considered for public charge purposes

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

[SF2007 48]

My husband ( petitioner ) decided to use it since lots of illegal aliens are using it without having to pay a penny back. He thought that being an American he had the same rite to use public aid as any other person.

But, Can we focus on my first questions please? Will I get denied the AOS and be deported? What happens when people are denied the AOS?

It is of the utmost importance you double check if you are eligible to receive the prenatal care from state services. If it turns out you are not entitled to state services, your husband will have to pay it back. Chances are the interviewing officer is suspicious of how you are getting prenatal care and he wants to see your proof of insurance to ensure you are not using the government's money.

Because "lots of illegals are using it" does not give you license to do the same. It is still not permitted. Your husband should go back and read the terms of his I-134 and I-864.

That being said, no one knows or can predict what's going to happen to you. It's in the hands of your interviewing officer. You have to comply to his request. If you are denied AOS you will start accumulating days of illegal presence. Your EAD/AP will be void. I believe you can appeal once before they force you to leave the country. What you haven't paid in prenatal care you would certainly have to pay in legal fees.

No one on VJ will tell you it's ok for you to break the rules. Or help you go around them. Do what's right. Find out if you are really eligible for state services and if you are not, get off it, get on your husband's medical insurance and pray for USCIS' leniency.

Edited March 30, 2012 by SF2007

[kcoyclay1 98]

My husband ( petitioner ) decided to use it since lots of illegal aliens are using it without having to pay a penny back. He thought that being an American he had the same rite to use public aid as any other person.

But, Can we focus on my first questions please? Will I get denied the AOS and be deported? What happens when people are denied the AOS?

Try not to evade the obvious. That may be the reason you are RFEd. They are fining and imprisoning persons who are knowingly abusing the system. It's all over the newspaper. Don't be denied to save a buck. It's not a right if you are not eligible. Forget illegal immigrants. You are not one of them. I'm not trying to be harsh; trying to help you guys to see what's happening and to do what is right. Immigration will not be lenient about this. Be very careful. It may bite you.

Edited March 30, 2012 by kcoyclay1

[kcoyclay1 98]

BTW your question is all over the Internet. FBI and immigration just need to google key words and they will see this thread. I've seen vjers write posts about being caught in a well believe secret. Things that seemed harmless such as stating they are a citizen has costed them their marriage, deportation, and a ban from ever re-entering the US for life. No appeals.

[missyouhoney 1]

It is of the utmost importance you double check if you are eligible to receive the prenatal care from state services. If it turns out you are not entitled to state services, your husband will have to pay it back. Chances are the interviewing officer is suspicious of how you are getting prenatal care and he wants to see your proof of insurance to ensure you are not using the government's money.

Because "lots of illegals are using it" does not give you license to do the same. It is still not permitted. Your husband should go back and read the terms of his I-134 and I-864.

That being said, no one knows or can predict what's going to happen to you. It's in the hands of your interviewing officer. You have to comply to his request. If you are denied AOS you will start accumulating days of illegal presence. Your EAD/AP will be void. I believe you can appeal once before they force you to leave the country. What you haven't paid in prenatal care you would certainly have to pay in legal fees.

No one on VJ will tell you it's ok for you to break the rules. Or help you go around them. Do what's right. Find out if you are really eligible for state services and if you are not, get off it, get on your husband's medical insurance and pray for USCIS' leniency.

It makes sense. Probably we made a mistake by using the public services. We will have to make make changes. Thanx.

[missyouhoney 1]

You cannot be a public charge and if tax payers are paying for you the foreigner and now we get to pay for your baby too... I think that means you are a public charge and your husband cannot afford a wife or a kid

I think you will be denied!

Start reading the uscis guidelines for being a public charge

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=354fb2a3fffb4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Public Charge Fact Sheet

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Immigration and welfare laws have generated some concern about whether a non-citizen may face adverse immigration consequences for having received Federal, state, or local public benefits. Some non-citizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

For purposes of determining inadmissibility, agency guidance has, since 1999, defined “public charge” to mean an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

Benefits Subject to Public Charge Consideration

The agency guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs. Acceptance of these forms of public cash assistance could make a non-citizen inadmissible as a public charge, if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as part of the public charge analysis of the totality of the circumstances. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non-cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination

• Unemployment compensation is also not considered for public charge purposes

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

Thank you for the information.

I think tho that my husband can afford a wife and a child, he will just have to go in big debt, just like everybody else ( the majority ).

[missyouhoney 1]

Try not to evade the obvious. That may be the reason you are RFEd. They are fining and imprisoning persons who are knowingly abusing the system. It's all over the newspaper. Don't be denied to save a buck. It's not a right if you are not eligible. Forget illegal immigrants. You are not one of them. I'm not trying to be harsh; trying to help you guys to see what's happening and to do what is right. Immigration will not be lenient about this. Be very careful. It may bite you.

It makes a lot of sense. We made a mistake. I guess the next step will b to pay back and get medical insurance.