Inadmissible to the United States After Withdrawing AoS?

[worriedwoman 0]

After getting approved for a fiance visa, getting my fiance out here and marrying him, things went sour. They went sour BEFORE the Adjustment of Status was completed though. So after he moved out and returned to him home country, I was told that the only way to stop the AoS from going through was to write in and withdraw my I-864. Well that was nearly a year ago and I finally got a letter from the USCIS saying that he had been declined AoS because of that withdrawal. However, I'm a bit worried because of a line in the letter. "...you are inadmissible to the United States" Does this mean he can NEVER come here? Is he no longer able to use the VWP to visit as he did in the past? I hope this is in regards to only his attempts to stay here long term because if it's not, he's going to be very unhappy with me..

[VanessaTony 3,567]

Did he accumulate any overstay?

No withdrawing your sponsorship doesn't typically mean he can NEVER visit.

[worriedwoman 0]

Did he accumulate any overstay?

No withdrawing your sponsorship doesn't typically mean he can NEVER visit.

I don't think he did. We were married in Feb 2011 barely within the 90 days limit and we didn't apply for the AOS until June 2011 but we ended up separating in July 2011. He left the country in December I think, after staying with some friends in another state.

Edited August 2, 2012 by worriedwoman

[SPSguy 18]

I don't think he did. We were married in Feb 2011 barely within the 90 days limit and we didn't apply for the AOS until June 2011 but we ended up separating in July 2011. He left the country in December I think, after staying with some friends in another state.

Hello Worriedwoman,

When dealing with government document any statement or arguement is limited to the current issue. The current issue is in regards to the AOS, so I imagine your husband is inadmissible to the United States under his current status as a married man without sponsored financial support.

I am currently helping a friend to go through the same process as you experienced with your husband. Would it be possible for you to share some key points related to the revocation/cancellation of the i 864?

Where did you send the letter to?

How many places did you send to?

What was the content of the letter?

Did you receive any confirmation from USCIS all this time that they received the letter?

How are you able to file divorce if he has left the country?

I am asking these questions because my good freind has sent a letter with personal statement to the Nebraska USCIS, California USCIS, benefits center in MO, and to the local USCIS office. Yet he has not received a single confirmation from them whether they have received his letter of cancellation.

Thanks for any insight.

[VanessaTony 3,567]

I don't think he did. We were married in Feb 2011 barely within the 90 days limit and we didn't apply for the AOS until June 2011 but we ended up separating in July 2011. He left the country in December I think, after staying with some friends in another state.

You don't think he did but based on your explanation he did. As soon as his I-94 expired (90 days from entry) he started accumulating overstay. You said ou were married in Feb, barely within the 90 days. He filed for AOS in June which means March, April and May were overstay BUT was his AOS pending that entire time? When was his AOS cancelled because unless he left before it was cancelled he has overstay from when it was cancelled until he left.

He is likely unable to use the VWP again (due to his overstay) but he could try applying for a visitor visa if he wants to visit. He should apply for the VWP online anyway and only then if rejected should he bother with the visitor visa.

Either way, this is not your problem anymore. I don't know if you're still talking or anything but he knows the full details of his situation (when he left, when he got the denial notice etc) so he should look into this himself. It's not your fault and you did the right thing withdrawing the I-864

[Moomin 292]

After getting approved for a fiance visa, getting my fiance out here and marrying him, things went sour. They went sour BEFORE the Adjustment of Status was completed though. So after he moved out and returned to him home country, I was told that the only way to stop the AoS from going through was to write in and withdraw my I-864. Well that was nearly a year ago and I finally got a letter from the USCIS saying that he had been declined AoS because of that withdrawal. However, I'm a bit worried because of a line in the letter. "...you are inadmissible to the United States" Does this mean he can NEVER come here? Is he no longer able to use the VWP to visit as he did in the past? I hope this is in regards to only his attempts to stay here long term because if it's not, he's going to be very unhappy with me..

Taken out of context, the word "inadmissible" seems like a universal thing however it may be referring to AOS/K1 and the overstay.

Things went sour and he left - that was his choice however he also left the US in the middle of AOS. Abandoning a pending AOS means it's automatically denied regardless of you withdrawing the affidavit of support. If he received work permit and AP before leaving, they became void when the AOS was denied.

If he has to apply for a tourist visa, he'll have to show strong ties to home country so the consular ofiicer won't doubt his intentions for a split second. He already showed immigrant intent and that is his job to overcome, not yours.

Edited August 2, 2012 by moomin