AOS Denied. What next?

[greenie80 3]

Yes, please provide links to posts where a previous marriage (that had nothing to do with immigration) caused a second interview. I am very interested in seeing this.

Here's one convo I was part of recently: 2 people with 2nd interviews and both were asked about ex's

http://www.visajourney.com/forums/topic/388962-2nd-i485-interview/page__st__15

[greenie80 3]

Oh greenie, I didn't know you're also up for a second interview! Gosh, fingers and toes crossed for you as well.

GreenTrain: I responded to your PM. And I really wish you the best!!!!!!!!!!!!!!!!

thanks so much!

I appreciate all the info from the 2nd interviewees; we will make it through this

[AnotherLostSoul 167]

thanks so much!

I appreciate all the info from the 2nd interviewees; we will make it through this

That's the spirit!

[GreenTrain 1]

Oh greenie, I didn't know you're also up for a second interview! Gosh, fingers and toes crossed for you as well.

GreenTrain: I responded to your PM. And I really wish you the best!!!!!!!!!!!!!!!!

@AnotherLostSoul: Your name should be "AnotherGoodSoul".

You are the inspiring light on this forum !!!

@greenie80: I have provided you the details by responding to your PM.

You should be good this time. We all wish you success!!

You're the inspiration for me. When see your struggle, i feel my struggle is nothing.

God Bless !

[ValerieA 350]

Check out where I said:

Yes, please provide links to posts where a previous marriage (that had nothing to do with immigration) caused a second interview.

you are having a marriage separation 2nd interview. I've been petitioned 2x before by spouses. Another person that I've been chatting with from my office in Oakland Park was also called for a second interview, he was married before to a USC but didn't do AOS. I will find some links tonight.

In the thread you provided, kkk1234 was going to get an immigration benefit from someone who had just obtained their USC status, and they originally received their immigration benefit from a USC. See the pattern?

We know the red flags here. A previous marriage, in and of itself, is not an issue. The issue is when there has previously been immigration benefits, even if only potential ones, or the timeline between divorce and remarriage is too short.

Good luck in your second interview, I am sure you are well prepared and will sail through it!

[greenie80 3]

@Greentrain thanks so much for all the info. I will let you all know what it comes down to!!

@ValerieA I totally get what you are saying but there were other links where the immigrant had been married in the past to someone from their country or non USC and later on married a USC (not previously married) and the immigrant was questioned about previous marriage. It varies who gets questioned and who doesn't I have friends that breezed through the interview and some were surprised about all the questioning on their ex spouse. In any case we are ready as ready as we can be thank you for the well wishes, I hope this is over in 2 weeks!!

[mymarriagejourney 113]

I was previously married and it wasn't mentioned in our interview.

[SBB 74]

Good analysis !

But i would like to add to 'Scenario 4' person on work visa(H1B) need not to marry someone to get immigration benefits.

H1B visa's are Highly Skilled worker visa's(65K per year from all over world). Employers are more than happy to process green cards for their employees having H1Bs.

On the other hand, they can get always green card based on their employment.

Someone from India might find that route appealing. It would take an Indian national 8-10 years to get an employment based green card, not including the time consuming labor certification (for Indians, EB-2 is currently retrogressed to Sep 2004 and EB-3 to Nov 2002). Meanwhile, spousal green cards are immediately available and are processed much more quickly.

Edited February 9, 2013 by SBB

[GreenTrain 1]

Someone from India might find that route appealing. It would take an Indian national 8-10 years to get an employment based green card, not including the time consuming labor certification (for Indians, EB-2 is currently retrogressed to Sep 2004 and EB-3 to Nov 2002). Meanwhile, spousal green cards are immediately available and are processed much more quickly.

Here the topic is different. If you really want to talk on this pls start another thread.

Its' same for china my friend why you say India only

Also, pls don't provide incomplete/invalid info.

8-10 years to get an employment based green card > not correct

time consuming labor certification > takes 2-4 months

EB-2 is currently retrogressed to Sep 2004 > Sometime back it was May 2010 & expected to come back again.

How about EB1? You forgot that. One can get GC in couple of months.

I can go on...but don't want to lose focus of the thread.

If you don't have capacity to help someone, please get your help & stay away.

Edited February 10, 2013 by GreenTrain

[SBB 74]

Here the topic is different. If you really want to talk on this pls start another thread.

Its' same for china my friend why you say India only

Also, pls don't provide incomplete/invalid info.

8-10 years to get an employment based green card > not correct

time consuming labor certification > takes 2-4 months

EB-2 is currently retrogressed to Sep 2004 > Sometime back it was May 2010 & expected to come back again.

How about EB1? You forgot that. One can get GC in couple of months.

I can go on...but don't want to lose focus of the thread.

If you don't have capacity to help someone, please get your help & stay away.

Hey, you don't need to convince me. But when you said that option 4 wasn't relevant to someone on an H1B, I was explaining why the interviewer might not agree. Meanwhile, China isn't nearly as retrogressed as India and EB-1 is a much harder visa to get than EB-2 or EB-3.

[GreenTrain 1]

Would like to have have inputs for:

1. In what scenerio, Refile is better? What are the advantages/Risks?

2. In what scenerio, Appeal is better? What are the advantages/Risks?

3. In what scenerio, both Appeal & Refile are better/needed? What are the advantages/Risks?

Please jump in...

Edited February 11, 2013 by GreenTrain

[GreenTrain 1]

Anybody had experience like this e.g Refile or Appeal

Please share your thoughts on what option you chose, any problems, time taken, lessons learnt, were successful?

Thank you for your !

[greenie80 3]

Greentrain

I think your best bet is to appeal. Wouldn't u think that USCIS would go back to see why u were denied and deny u again based on the decision of 1st interview? I did see a case where people refiled and they "passed" the new interview but got denied on the grounds of 1st interview

[AnotherLostSoul 167]

I would go "refile" instead of appeal because it will be the same office, and depending on the size of the area, and of the office itself, they can get the same lady who will be very very biased. If he/she moves to the other state where his/her work place has moved and files again, that office has no bias against his "history"...but this is my opinion...greenie has a valid point too....Good luck, man!

[Villanelle 4,122]

Would like to have have inputs for:

1. In what scenerio, Refile is better? What are the advantages/Risks?

2. In what scenerio, Appeal is better? What are the advantages/Risks?

3. In what scenerio, both Appeal & Refile are better/needed? What are the advantages/Risks?

Please jump in...

When you appeal you have several option available on the appeal form-

An appeal is a request to a higher authority to review a decision. It goes through the Officer first though. See where it says on the form- it may be considered by USCIS as a motion before forwarded to AAO? thats what it means. AAO is the higher authority. USCIS is the officer. So the officer is going to see it first, treat it as a motion, if the approve it, it ends there, if they dont, it gets forwarded to the AAO which they attempt to resolve appeals within six months of receipt.

So when you file an appeal youre appealing the decision to the AAO but the officer who made the original decision will first review the record. A review of the record will determine whether the evidence or argument submitted in the appeal warrants reopening or reconsidering the decision. If they do- it ends there. If the adjudicating officer determines it doesnt, the officer will forward the case for further review to the AAO.

If you file a Motions to Reopen or Reconsider: A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and "state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence." See 8 CFR 103.5(a)(2). (you cant re-open but you can reconsider)

A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by "any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or [uSCIS] policy." See 8 CFR 103.5(a)(3). Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. The motion stays at the local office and are supposedly adjudicated in 90 days. If you disagree with the decision you can then appeal it to the AAO.

In either situation its going to go through the Officer who denied you. In the appeal, you dont need to quote laws or policy, in the motion to reconsider you do. In the appeal, it will get forwarded to the AAO if the officer rejects it, in the motion, it wont unless you forced it to if its rejected.

Because the motion and possible process through the AAO can take a while some people choose to refile and file the motion/appeal because they want both of them moving at the same time. Its like having 2 horses in the race in case one bows out, you have something else going. (Like I said the AAO can take 6 months, the motion can take 90 days and then you have to file with the AAO)

Refiling may get you a different Officer to interview you but its not going to change the fact that theres a note in your file saying you were denied for AOS for being suspected of seeking immigration benefits.

IMO filing the appeal shows you disagree with their findings, where refiling looks more like youre just trying to 'get away with it again'.

If it was me, I would appeal with the motion that should be decided with in 90 days by the officer. If its denied then I would refile and not bother going through the AAO. You can quote policy. You did submit all necessary proof of a bonafide marriage. (I dont believe you had a stokes interview did you?) So they should bring you back in for one. And you should be approved after that. And bring additional evidence this time.