AOS Interview...oh no

[Ccooper 0]

So not only he abandoned his AOS but he returned on tourist visa with clear intent to immigrate committing visa fraud.

Well no it wasn't clear intent, we filled out all paperwork thinking we were doing the right thing. When we got married, we had filed a K-1, all paperwork had gone through, but my husband's interview in London was not in time, so he came here and got married. At immigration when he came in at JFK, he told the officers he was getting married and knew he wouldn't be able to stay on the tourist visa. Which is why he left in Nov. The problem is we submitted it the weekend he left, and it arrived there the day after he landed in UK. I under no circumstances tried to cheat the laws, I thought we were doing the right thing. It said he had to leave unless the AOS was received, which at that point it wasn't.

[Ccooper 0]

Apply fresh....the previous application is void now....as he entered the US on B1/B2 on 19th nov.Who was the genius advising you to go back to India or to apply so damn late when you thought of AOS,if i may ask?

UGGG, immigration is not my friend Think you are doing the right thing and nope your not. We assumed that he had to go, as the application was not technically in yet....oh why oh why....here goes another $1000. After we have paid for a K-1, that was 3 days too late for the interview, and then my I-130 and his I-485...and now another 485.

[ImmigrationDrama 0]

UGGG, immigration is not my friend Think you are doing the right thing and nope your not. We assumed that he had to go, as the application was not technically in yet....oh why oh why....here goes another $1000. After we have paid for a K-1, that was 3 days too late for the interview, and then my I-130 and his I-485...and now another 485.

In a foreign land you don't just assume things ....You enquire & that too when laws are so damn strict and for applicants very very straight fwd.Anyways, I don't mean to dishearten you here but be very careful and time bound .If all is right you get things done fast.I got my GC (AOS) IN 2 MONTHS.After you file(receive even an acknowledgment receipt) Your husband is automatically into the system & part of the process....no need to become sataywadi harishchand by taking a plane and departing. You guys have lost some money and time.....All the best .

[kzielu 1,149]

Well no it wasn't clear intent, we filled out all paperwork thinking we were doing the right thing. When we got married, we had filed a K-1, all paperwork had gone through, but my husband's interview in London was not in time, so he came here and got married. At immigration when he came in at JFK, he told the officers he was getting married and knew he wouldn't be able to stay on the tourist visa. Which is why he left in Nov. The problem is we submitted it the weekend he left, and it arrived there the day after he landed in UK. I under no circumstances tried to cheat the laws, I thought we were doing the right thing. It said he had to leave unless the AOS was received, which at that point it wasn't.

Your post is very confusing - are you sure you filed K-1 after getting married ?

You may have thought you were doing the right thing, but looks like you were uniformed on what is the right way and due to misinformation you made even more mistakes.

He either could get married, leave and you would file for CR-1 visa or file AOS and stay. No point in filing AOS and leaving (as you just found out). Coming back though is trying to take advantage of on-going AOS is fraud in its purest form...

As other said though - you are likely to be denied.

[Ccooper 0]

Your post is very confusing - are you sure you filed K-1 after getting married ?

You may have thought you were doing the right thing, but looks like you were uniformed on what is the right way and due to misinformation you made even more mistakes.

He either could get married, leave and you would file for CR-1 visa or file AOS and stay. No point in filing AOS and leaving (as you just found out). Coming back though is trying to take advantage of on-going AOS is fraud in its purest form...

As other said though - you are likely to be denied.

Sorry my post may have been confusing...I am a bit frustrated right now. Before we got married we filed for a K-1, unfortunately our wedding was Aug. 11th and that didn't go through before our wedding. So after our wedding we filed the I-130/I-485. We had waited a bit, and his tourist visa he came in on was up, so we thought he had to go back, so he wasn't illegally staying here. We made the mistake, as when he left we put in the application, so he was out of the country when they received the I-130. Our mistake, but we thought we were following the right path. So if he had just stayed in the US, we would have been fine. I didn't realize the major problem we were creating with him leaving. They are now trying to sort out what we did So now I am actually waiting for the immigration officer who called us this afternoon to call us back. She said if everything was okay she wouldn't call, and if there was a problem she would. Now the question is, how long we wait for the phone call. If she doesn't call tomorrow I am going to request a meeting on info pass and see if we can sort this out. Otherwise I guess I am hiring an immigration lawyer and starting this all over again (and hoping he doesn't get barred from the country). I so hope that is not what we need to do, but it appears from everyone's comments it will most likely be.

[atm 8]

Sorry my post may have been confusing...I am a bit frustrated right now. Before we got married we filed for a K-1, unfortunately our wedding was Aug. 11th and that didn't go through before our wedding. So after our wedding we filed the I-130/I-485. We had waited a bit, and his tourist visa he came in on was up, so we thought he had to go back, so he wasn't illegally staying here. We made the mistake, as when he left we put in the application, so he was out of the country when they received the I-130. Our mistake, but we thought we were following the right path. So if he had just stayed in the US, we would have been fine. I didn't realize the major problem we were creating with him leaving. They are now trying to sort out what we did So now I am actually waiting for the immigration officer who called us this afternoon to call us back. She said if everything was okay she wouldn't call, and if there was a problem she would. Now the question is, how long we wait for the phone call. If she doesn't call tomorrow I am going to request a meeting on info pass and see if we can sort this out. Otherwise I guess I am hiring an immigration lawyer and starting this all over again (and hoping he doesn't get barred from the country). I so hope that is not what we need to do, but it appears from everyone's comments it will most likely be.

One problem is that your fiance (now husband) came on a tourist visa with intent to adjust status (because the K1 visa hadn't been approved). Even worse, AOS (I-485) is only open to somebody inside the US, so techically the petition was invalid anyway, since it was received when he was outside the US.

If the I-485 is denied, I don't see how you can file again - since his intent when he returned to the US on Nov. 19 was to live here permanently. The correct course of action (technically) would be to file for a CR1 visa - but that would involve your husband spending significant time outside the US while this visa was approved (up to 1 year processing time).

Sorry to be so pessimistic here - I sincerely hope things work out and will be resolved soon. I suggest you take time to read the guides on this website carefully - they are so helpful.

Good luck to you and your husband.

Edited March 26, 2013 by atm

[belinda63 3,038]

Best bet is for him to return home and follow through with the I-130 to obtain a CR-1 visa. It's going to be really hard now to prove he did not have immigrant intent when he returned being as how he had an abandoned AOS application when he left last time.

[Andy and Pui 16]

Did your husband receive a k1 visa? If so were you married before or after the k1 visa was issued?

[Cathi 5,755]

the best thing for you to do is send him home, file the i-130 and have him wait there until it is approved. If you file now while he is in the country and have him adjust status, there is CLEAR intent. If he is denied(which he most likely will be) there is no appeal, ever. If it were me, that wouldn't be a risk I was willing to take. Moral of the story, do not make wedding plans until the visa is in your hands. Best of luck in getting this straightened out

[himher 634]

Ok, so my husband and I went to our immigration interview today. They questioned a few of our things, but when we left she said we were approved. Just got a phone call from the IO and said they received our application on Nov. 6, 2012. My husband left the US on Nov. 5th b/c his tourist visa was up and we knew it was illegal for him to be here. She is now looking into the departure and entry dates. She said this could be a problem if he was out of the country when the application was sent in. Does anyone know what could happen? Can he get deported? We tried to do the right thing, this has been a long process and we thought we had followed all the rules correctly. Any help would be great! Thanks

Actually entering as a tourist with intent to immigrate / file an AOS to stay is definitely not following the rules correctly.

It appears that the application was SENT IN while he was still in the country and if you get a sympathetic IO she may let it slide. If she applies the rules on a strict technical basis your AOS application was abandoned when he left the US.

Edited March 26, 2013 by himher

[bt1 42]

I agree with the advice that the best (and possibly only) course of action is for your husband to go back to his country of origin and wait for a CR-1 visa. Knowingly or not, you have made not one, but two cardinal mistakes (immigration is very seldom sentimental and is unlikely to "understand" that you were just misinformed). It is unfortunate that you find yourself in this situation, but there is still light at the end of the tunnel, just make sure you have the correct information and follow the rules.

[Dave&Roza 748]

As I see it, the biggest mistake you guys made was being impatient after you filed for a K-1 visa for your Fiance. Due to the length of time to issue the Fiance visa he came to the US and got married to you. The K-1 visa is now null and void as it is for a Fiance to enter the US and get married. So now your spouse is in the US after getting marrieg using a tourist visa, but to file for AOS under these circumstances would be difficult as you had filed for a K-1 visa and now he is here and you are filing for AOS. Does not really matter at this stage as he left the counrty after getting married. Now if he returns and tries to AOS it will be considered immigration fraud by the USCIS.

Your best course of action now is to file for a spousal visa, wait it out and then when approved he comes to the US as a LPR. If you choose this path, please realize that the USCIS will be controlling your lives for the next few years and you need to realize this and plan accordingly. Otherwise, you will not be able to live in the US with your husband.

Good luck,

Dave

[Sveta & Ron 23]

( but my husband's interview in London was not in time ) not in time for what? it was perfect time as they see fit i am sure. however why was he travel on a tourist visa as i recall no visa is needed from uk for a 90 day stay? and due to the chance io see this as fraud and could carry a ban I would call a good lawyer

[Peter_Pan 661]

Seems the OP mistook the AOS course of action with the one required to adjust through a marriage visa. So either reapply for AOS while the husband stays in the US, or apply for a spousal visa while he is waiting mostly in Europe.

[Cathi 5,755]

Seems the OP mistook the AOS course of action with the one required to adjust through a marriage visa. So either reapply for AOS while the husband stays in the US, or apply for a spousal visa while he is waiting mostly in Europe.

the AOS will most likely be denied if they reapply because he of te K-1 and the fact that he left the country and returned knowing they would file for AOS