AOS Denied. What next?

[GreenTrain 1]

We had painful stokes interview and had couple of discrepencies. It seems they decided to deny us even before the interview.

Too many details, mostly about even before we got married, about ex-wife & all, not much about our marriage/lives.

Had strong evidences, photos, joint a/c's etc but IO didn't look at those.

So, we got the denial and now thinking what to do. We were very upset and away from everything. Didn't feel like doing anything.

Would like to have your suggestions on next steps.

Also, people who got denials or had similar experience, please provide your thoughts/suggestions.

Is it better to appeal or re-file?

What are the chances?

[CC90 90]

What was the official reason for denial?

[VanessaTony 3,567]

Would you mind going over what you were asked and what questions you each got wrong? The reason I ask is it might help us see a red-flag or a way for you to overcome this red flag.

I see from your profile you're AOSing from a H1-B. Have you posted the story of how you met? Do you live together? Have you known each other long? Do you share many things?

This is the original thread in case people want some back story: http://www.visajourney.com/forums/topic/407634-second-aos-interview-stokes/ I have reported this thread to be merged so the story stays together.

Edited February 5, 2013 by Vanessa&Tony

[Villanelle 4,122]

Well theres a couple of things here.

If you were denied AOS and you were adjusting from a H1-B, then one question would be are you still ok on the H and for how long? Thats going to make a difference on how you should proceed. When youre denied you have the choice to file a motion (MTR) or to refile the 485 or to do both. When you file just the motion if youre out of status, it doesnt give you status and they can start deportation orders on you, so you need to file another 485 to protect yourself. As a valid H1-B holder, they wont file deportation orders on you. So if your H1-B is going to be valid for a while, then its not pressing that you file the 485 immediately for that reason (to avoid deportation being issued while your motion is being considered if you go that route) You can remove that from the equation. If you were adjusting from a K1 you wouldnt have that luxury.

Now you have to decide- do you have a valid MTR. No ones going to be able to help you evaluate that or help you evaluate how effective a new 485 would be unless you give some more information about why you were denied to begin with.

The best I can gather is they determined you entered the marriage for immigration benefits. They determined this based on your relationship before the marriage as you stated most of the questions were about the relationship before the marriage, and they were also concerned about the ex-wife (?) Was she an alien as well? Did she also obtain benefits through him? Did she have a short marriage to him? Is there something in their divorce papers perhaps that looks funny?

[greenie80 3]

Yes Greentrain

Please give details in regards to your ex wife. How long were u married? Had she filed for you? What questions in regards to her did they ask? You said most of the questions were about her? Finally when u receive the original denial please let us know the reason.

You certainly have the option of appealing, don't refile because they will just deny u another time.

[seth2013 39]

Oh no, I'm sorry.

I think you should maybe file another I-485 and file a motion to reopen like capri said.

[DC85 113]

they put you on grill because you have been married before, when I was doing my AOS, 2 lawyers told me that if the immigrant has been married before they gonna question that a lot, my honest advice, and I hope you take it, non of us is a lawyer, when you receive a denial notice there is no chance that you make any more mistakes, so take a deep breath , and tomorrow the first thing you do is finding a good lawyer, when I say good lawyer, not the ones that they just good in filling your name in the forms, but who are having experience in the immigration court. as long as you marriage is true , you will get your green card, but you need to spend some more money now. If you mentioned, in your previous post, that you have been married before, I would definitely pushed you to hire a lawyer when they asked you to come for 2 interview.Consult more than one lawyer, trust me it's worth it

[MrsB2012 10]

they put you on grill because you have been married before, when I was doing my AOS, 2 lawyers told me that if the immigrant has been married before they gonna question that a lot, my honest advice, and I hope you take it, non of us is a lawyer, when you receive a denial notice there is no chance that you make any more mistakes, so take a deep breath , and tomorrow the first thing you do is finding a good lawyer, when I say good lawyer, not the ones that they just good in filling your name in the forms, but who are having experience in the immigration court. as long as you marriage is true , you will get your green card, but you need to spend some more money now. If you mentioned, in your previous post, that you have been married before, I would definitely pushed you to hire a lawyer when they asked you to come for 2 interview.Consult more than one lawyer, trust me it's worth it

Just curious, is it the person who's immigrating that is under more scrutiny if he/she has been married before? My husband, who is the immigrant, has never been married, but I, the USC, was married before to another USC. I've been separated/divorced from my ex-husband for almost 3.5 years. Just wondering if I should be worried about our AOS interview...

[ValerieA 350]

Just curious, is it the person who's immigrating that is under more scrutiny if he/she has been married before? My husband, who is the immigrant, has never been married, but I, the USC, was married before to another USC. I've been separated/divorced from my ex-husband for almost 3.5 years. Just wondering if I should be worried about our AOS interview...

No, the issue is usually if the USC has been married to someone they sponsored for immigration before, or if the spouse being sponsored was married to a USC before. Quick turnaround between divorce/marriage can also be a red flag. USCIS is just trying to make sure the marriage isn't strictly for immigration benefit.

[DC85 113]

they don't question the USC, however, if the immigrant has been married before, he/she should expect a tough interview. don't worry, just be close to each other, so you know everything about each other, plus try to gather as much document as you can and you will be fine.

[MrsB2012 10]

No, the issue is usually if the USC has been married to someone they sponsored for immigration before, or if the spouse being sponsored was married to a USC before. Quick turnaround between divorce/marriage can also be a red flag. USCIS is just trying to make sure the marriage isn't strictly for immigration benefit.

Thanks, that's what I thought

[GreenTrain 1]

What was the official reason for denial?

No single reason.

Discrepencies in replies

[GreenTrain 1]

Would you mind going over what you were asked and what questions you each got wrong? The reason I ask is it might help us see a red-flag or a way for you to overcome this red flag.

What she was doing when u came back 4 days ago, all places where ex-wife lived after separation, Rings, activities on day before wedding(9 months ago), when she met kids & how often, when moved in together, sex etc...

I see from your profile you're AOSing from a H1-B. Have you posted the story of how you met?

Do you live together > Yes

Have you known each other long> over two years before marriage, have evidences also?

Do you share many things> a lot. leases, cars, 401Ks, Auto/Life/Health Insurances, heavily used Bank/Credit cards?

Anybody been thru the process of refile?

How was it?

I understand that if i MTR, it'll go to same IO which i don't see much of use

What do you think, what's the better approach?

[GreenTrain 1]

Few more points...

We both were married previously. But USC wife never sponsored anybody earlier neither immigrant husband got sponsorship from anyone(married outside of US to non USC)

Living together for 2 years before marriage plus 9 months after marriage.

Now, i need if anybody have experience after denial.

What they did & how?

Edited February 6, 2013 by GreenTrain

[GreenTrain 1]

Just curious, is it the person who's immigrating that is under more scrutiny if he/she has been married before? My husband, who is the immigrant, has never been married, but I, the USC, was married before to another USC. I've been separated/divorced from my ex-husband for almost 3.5 years. Just wondering if I should be worried about our AOS interview...

You need to be careful.

They're going to grill if anybody have previous marriage.