After Denied AOS

[russ 1]

I'm curious, after an AOS denial - what are the best options to move forward? Appealing the decision may or may not be possible. If it is, are you better off filing a new AOS, or filing an appeal? Or, is filing an I-130/ DCF from the home country a better strategy? (This is a K-1, married within 90 days, denied for no response to several RFE's).

Thanks in advance if anyone has some insight.

[diadromous mermaid 36]

I'm curious, after an AOS denial - what are the best options to move forward? Appealing the decision may or may not be possible. If it is, are you better off filing a new AOS, or filing an appeal? Or, is filing an I-130/ DCF from the home country a better strategy? (This is a K-1, married within 90 days, denied for no response to several RFE's).

Thanks in advance if anyone has some insight.

I guess this is a good question to pose to an immigration attorney, but if simply dealing with the potential for succcess and not any time isues, I'd aks if there is evidence now that was not available at the time of the denial, would an alien in a hearing be able to present that, or would this be precluded? Also appeals are time sensitive...33 days if I remember correctly.

Also, DCF would involve an alien leaving the country. Has the K-1 overstayed, if so, if for more than 180 days that would require a waiver of the bar ~

[russ 1]

I guess this is a good question to pose to an immigration attorney, but if simply dealing with the potential for succcess and not any time isues, I'd aks if there is evidence now that was not available at the time of the denial, would an alien in a hearing be able to present that, or would this be precluded? Also appeals are time sensitive...33 days if I remember correctly.

Also, DCF would involve an alien leaving the country. Has the K-1 overstayed, if so, if for more than 180 days that would require a waiver of the bar ~

No overstay yet (few days maybe). Long story, but it will be unlikely that enough evidence will be available for several months. (RFEs were for affidavits, no one is willing to swear them). I'm not sure if an appeal will be possible at all, since a divorce was in progress at the time of the denial (and still is).

[Waiting in Vancouver 6]

I guess this is a good question to pose to an immigration attorney, but if simply dealing with the potential for succcess and not any time isues, I'd aks if there is evidence now that was not available at the time of the denial, would an alien in a hearing be able to present that, or would this be precluded? Also appeals are time sensitive...33 days if I remember correctly.

Also, DCF would involve an alien leaving the country. Has the K-1 overstayed, if so, if for more than 180 days that would require a waiver of the bar ~

No overstay yet (few days maybe). Long story, but it will be unlikely that enough evidence will be available for several months. (RFEs were for affidavits, no one is willing to swear them). I'm not sure if an appeal will be possible at all, since a divorce was in progress at the time of the denial (and still is).

If you are getting divorced why would you be persuing this ??

[JenT 0]

I guess this is a good question to pose to an immigration attorney, but if simply dealing with the potential for succcess and not any time isues, I'd aks if there is evidence now that was not available at the time of the denial, would an alien in a hearing be able to present that, or would this be precluded? Also appeals are time sensitive...33 days if I remember correctly.

Also, DCF would involve an alien leaving the country. Has the K-1 overstayed, if so, if for more than 180 days that would require a waiver of the bar ~

No overstay yet (few days maybe). Long story, but it will be unlikely that enough evidence will be available for several months. (RFEs were for affidavits, no one is willing to swear them). I'm not sure if an appeal will be possible at all, since a divorce was in progress at the time of the denial (and still is).

If you are getting divorced why would you be persuing this ??

As Russ said, it's a long story. Check out some of his posts....

[russ 1]

If you are getting divorced why would you be persuing this ??

Divorce is agreed to, but on hold. My wife is having second thoughts about trying to

work things out. That will take some time. She needs to break off her other engagement

before I can do much.

My preference is to try to work things out in Russia, though she doesn't want to leave the US.

Has anyone filed more than one AOS for a K-1 (after a refusal)? I don't think an appeal will

work, due to the circumstances. I don't know of any rule that prohibits us from filing another one.

I'll be asking lawyers as well, but this doesn't seem to be a common situation.

[Waiting in Vancouver 6]

If you are getting divorced why would you be persuing this ??

Divorce is agreed to, but on hold. My wife is having second thoughts about trying to

work things out. That will take some time. She needs to break off her other engagement

before I can do much.

My preference is to try to work things out in Russia, though she doesn't want to leave the US.

Has anyone filed more than one AOS for a K-1 (after a refusal)? I don't think an appeal will

work, due to the circumstances. I don't know of any rule that prohibits us from filing another one.

I'll be asking lawyers as well, but this doesn't seem to be a common situation.

Ahh I understand ... Sorry for asking such a stupid question as I didn't know the history ...

I would think you better consult with an immigration attorney at some point ...

[russ 1]

Ahh I understand ... Sorry for asking such a stupid question as I didn't know the history ...

I would think you better consult with an immigration attorney at some point ...

You would not believe me if I told you how many lawyers I have now

This is a problem that is unusual, not many people in my position are still

willing to keep trying, so there are not too many of these cases. It takes talking

to many lawyers to figure out what the options are. We'll see what they say on

Monday.

Oddly, though my wife will not consider the possibility of breaking off her engagements, she

wants to see me all the time. And move back in.

[M. 0]

Ahh I understand ... Sorry for asking such a stupid question as I didn't know the history ...

I would think you better consult with an immigration attorney at some point ...

You would not believe me if I told you how many lawyers I have now

This is a problem that is unusual, not many people in my position are still

willing to keep trying, so there are not too many of these cases. It takes talking

to many lawyers to figure out what the options are. We'll see what they say on

Monday.

Oddly, though my wife will not consider the possibility of breaking off her engagements, she

wants to see me all the time. And move back in.

Of course! You're the best chance she's got to stay here! If nothing else, she's a smart gal.

[meauxna 15]

oh russ.

[russ 1]

Here is the answer I have to this now (from my research and immigration lawyers). If the terms of a K-1 are met (marrying petitioner within 90 days), filing a new I-485 is okay. It is probably the best thing to do, since it is faster, (probably) cheaper, and has the highest chance of success. Biggest drawback is re-applying for the EAD (I-765). Also requires a new medical. Does not require an I-130, K-1 can still be the basis. (Though, if you were to break the law and work with the old EAD, there really aren't any consequences. I don't advocate breaking the law though).

Motion to Reconsider would keep the EAD active, but in our case would probably not work. In most cases, it would take as long and cost as much as filing again. The legal standard to meet is that there must have been enough evidence in the file at the time of the decision for the DAO to reach a different conclusion. And when it didn't work, we would be back to filing a new I-485 six months later anyway.

[Mrs.J06 4]

If you are getting divorced why would you be persuing this ??

Divorce is agreed to, but on hold. My wife is having second thoughts about trying to

work things out. That will take some time. She needs to break off her other engagement

before I can do much.

My preference is to try to work things out in Russia, though she doesn't want to leave the US.

Russ, please don't get this wrong, I certainly admire you for your willingness to try and work things out with her, but don't you think she has now realized that there are not too many options for her to stay in the US, other than working things out with you? How come all of a sudden she's willing to reconsider now?

Again, please don't get me wrong, I would just hate seeing you being used (again, in my opinion)...

Take care,

Carla

[goadii 0]

Has anyone filed more than one AOS for a K-1 (after a refusal)? I don't think an appeal will

work, due to the circumstances. I don't know of any rule that prohibits us from filing another one.

I'll be asking lawyers as well, but this doesn't seem to be a common situation.

This is my second marriage to a RW, so I may be able to add something.

First marriage was K-1, married, filed the AOS, and then she "had to" go home to see her family before the AOS was processed. This was all in October of 2001, so you can imagine how sympathetic the INS was to anybody at that time.

Anyhow, she went home and wanted to come back after a few weeks. She went to the Moscow Consulate, and, voila, uncompassionate husband was right --- she was denied a tourist visa because of the clear intent to immigrate that being married to a USC showed.

So then we moved to the I-130 and K-2 route. That took about 18 months to get everything in order, right down to the interview date in Moscow. To condense a long sob story into one sentence: she didn't go to the interview, and we went our separate ways.

Divorce finalized in February of 2004. Filed a K-1 in March of 2004 for the woman who is now my wife. We had met actually en route to Moscow in November of 2004. Me, to get the final word from my first wife, yea or nea. She was just going home after being in the US on a J-1 visa.

K-1 approved without problems, but many alibis on my part. I documented everything --- divorce, request that her I-130 and K-3 be pulled, request to Consulate that her interview date be cancelled, along with acknowledgements from each agency...everything, and a cover letter laying the timeline out in plain English.

Second wife arrived in August of 2004, after all was said and done. Married shortly thereafter and filed AOS, EAD, and AP right away. EAD without hitches; first AP as well.

AOS processed relatively quickly, and we had our interview on 12/06/05. Case approved, and green card would be issued upon receipt of the FBI name check.

Fast forward to now: Nothing but silence and incompetence from the USCIS for nearly a year. I'm living and working in Russia, and my wife is in NYC. With every day that passes without her status resolved, we are one day closer, and exponentially closer, to calling it quits and getting divorced.

For those in the general population of the US that have never been in this position of wait wait wait, it is nearly impossible to empathize with the corrosive effects that this bureaucratic BS can have on a young marriage.

Instead, our leaders focus on getting the votes and sympathy of illegal aliens, not on first servicing those people who already came here illegal and have paid both their monetary and temporal dues. Viva la Bush!!!