denied of i539 and AOS through the marriage

[swordfish0 0]

hi VJ's

i have some questions about my status and also AOS through marriage

here is my story

i entered the US with B2 visa and i keep the status as legal with F1 visa till few month ago( i have been changed b2 to e2 and e2 to f1 in the US)

and i applied a technical school and they asked me to change status F1 to M1. so i agree with it so i turned in the packet to USCIS at July 2012.

however, a few days ago, USCIS has been denied my case of i539. i didnt get a letter of why they denied it.

at the same time, my GF and i have decided to marry. she is USC. so i prepared the AOS packets.

here is my questions

no matter what the reason of deny of i539 is, i can still apply for i130 and i485, right?

does denied of i539 will affect to my i130 and i485?

i saw the checklist of i130 and i485, it required my i94 and i have 3 of copy of my i94( one is when i entered in US, one is E2, one is F1) which one should i submit with AOS package?

thanks guys.

[canadian_wife 1,827]

Your most recent I94 I suspect

Why was your I539 denied? How was it denied? Letter in the mail? Did it say you need to leave?

Marrying now, in my opinion, seems like you are trying to stay in the country

good luck

[Hypnos 6,578]

With so many status changes and then an AoS to top it off then I would expect to have your marriage scrutinised more than a typical couple, it could appear to USCIS that you are searching for any possible way to remain in the US.

For AoS it is only necessary to prove a lawful entry, not necessarily having maintained that status for your entire stay in the US. I would enclose a copy of the I-94 from your most recent entry and leave it at that; just be sure to take all of them to your interview as they may ask to see those.

Your I-130 / I-485 will be dealt with on their own merits.

[Boiler 45,948]

You can always apply.

[swordfish0 0]

thx guys. the comments help me!

[lunaboriken 2]

My case:

My husband tried to extend his F1 Visa through school but because he missed the due date to register he was out of the F1 Visa guidelines. We were still dating at that time. We spend 1 and 1/2 apart. I came to the US to live together. It took us 2 years to be able to submit everything under the guidelines for the I-1485 and I-130 and all other forms I can't remember the names. We provided copies and originals of EVERYTHING. We prepared Bona-fide Marriage Affidavit that our family members were willing to sign and notarize as proof of our real intentions. https://docs.google.com/document/d/1YCNDv44qaik_jiO2pMfBiQ6kMwpPaPnU_JPB7pTmiw4/edit . This is a sample of what I sent.

We went for a legal consultation. It gave us the basics but it was going to charge us 3K for just initial submittion of docs. We decided to read, study on how to apply.

Man, take your time to read. Make sure you and your girlfriend have real intentions to get married. Marriage is more than having some green card. Since you have been denied in another form it might be suspicious but every case is different and they should give you the space to hear your AOS packet.

F1 Visas who apply for AOS is high alert because it's another way some people fraud the system. However, if you are clear and your relationship is in good faith, you should not worry about it. In F1 and M1 you don't mention you have a lovely girlfriend you want to marry.

Read. Read. Read. The waiting game might be starting for you. Please avoid having your F1 Visa expire... it's an unnecesary stress (like I had), if you can. However, marriage is a way USA forgives.

Always have in mind every case is different and is seen differently by the officer. If you can have a legal consultation with a lawyer that always helps, but try submitting the docs yourself.

Best luck!

Edited December 19, 2012 by lunaboriken

[swordfish0 0]

thanks for ur reply. i didnt mention of relationship with my gf up there, but she and i have been date over 6 yrs so we are kind of strong relationship.

i have one question of ur comment. u said ''avoid expire F-1 visa' what is that mean? i assumed that as soon as USCIS denied my i539, then my F-1 is no longer vaild, isnt it???

[canadian_wife 1,827]

Why was it denied? Does it say you have to leave the country?

good luck